DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SMIT Marine Australia Pty Ltd
(AG2016/473)

SMIT MARINE AUSTRALIA PTY LTD AND THE AIMPE ENTERPRISE AGREEMENT 2015

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 5 APRIL 2016

Application for approval of the SMIT Marine Australia Pty Ltd and the AIMPE Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SMIT Marine Australia Pty Ltd and AIMPE Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SMIT Marine Australia Pty Ltd.

[2] The Applicant has requested that the Commission not include for publication Appendix 1 to the Agreement, which contains key operating documents, the rosters of work and the operational standards, prime tugs last steam times and the crew roster. The basis for this request involves matters of commercial sensitivity. I am prepared to grant this request and the Agreement will be published without Appendix 1 to the Agreement being disclosed.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Institute of Marine and Power Engineers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SMIT Marine Australia Pty Ltd and the Australian Institute of Marine and Power Engineers (AIMPE) sought approval of their 2015 Enterprise Agreement from the Fair Work Commission. The dispute involved the interpretation and scope of the agreement's provisions and whether it met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court centred on the validity and enforceability of certain clauses within the Enterprise Agreement, particularly those related to employee classification, wages, and conditions of employment. The primary contention was whether the agreement provided adequate protections for employees and complied with the relevant statutory provisions.

The Fair Work Commission examined the agreement's provisions against the Fair Work Act's criteria for approval, including the requirement for the agreement to provide for fair and reasonable terms and conditions. The Commission found that while the agreement addressed many necessary aspects, some clauses required clarification or amendment to ensure compliance with the Act. The court concluded that the agreement, with certain modifications, could be approved to protect the interests of the employees and maintain a fair working environment.

The Fair Work Commission ordered that the Enterprise Agreement be approved with specific amendments to certain clauses to ensure compliance with the Fair Work Act. The changes were designed to provide clearer definitions and protections for employees, ensuring that the agreement met all legal requirements for approval.

SMIT Marine Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established