SMIT Marine Australia Pty Ltd

[2016] FWCA 1899

[2016] FWCA 1899

FAIR WORK COMMISSION

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

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