SMIT Marine Australia Pty Ltd Summary

[2016] FWCA 1898

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SMIT Marine Australia Pty Ltd

(AG2016/472)

SMIT MARINE AUSTRALIA PTY LTD AND AMOU ENTERPRISE

AGREEMENT 2015

Maritime industry

COMMISSIONER SIMPSON

BRISBANE, 5 APRIL 2016

Application for approval of the SMIT Marine Australia Pty Ltd and AMOU Enterprise

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

SMIT Marine Australia Pty Ltd and AMOU 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 Maritime Officers’ Union 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

<Price code {G}, AE418366 PR578383>
[2016] FWCA 1898

CaseChat Overview and Summary

SMIT Marine Australia Pty Ltd applied for approval of the SMIT Marine Australia Pty Ltd and AMOU Enterprise Agreement 2015 (the Agreement) under section 185 of the Fair Work Act 2009. The applicant requested that certain sensitive documents, outlined in Appendix 1 of the Agreement, not be included for publication due to commercial sensitivity concerns. The Australian Maritime Officers’ Union, as a bargaining representative for the Agreement, indicated its desire for the Agreement to cover it under section 183 of the Act. The Commissioner was satisfied that the requirements of sections 186, 187, and 188 of the Act, as relevant to the approval application, were met.

The legal issues before the court were whether the Agreement met the statutory requirements for approval and if it was appropriate to exclude Appendix 1 from publication. The court considered the provisions of the Fair Work Act 2009, specifically sections 185, 186, 187, 188, and 201(2), to determine if the application for approval was valid. The court also examined the commercial sensitivity of the documents in Appendix 1 to decide if their exclusion from publication was justified.

The Commissioner found that all relevant statutory requirements for approval of the Agreement were satisfied. The Agreement was approved and would operate in accordance with section 54 of the Act. The Commissioner also granted the applicant's request to exclude Appendix 1 from publication due to its commercial sensitivity. The Agreement was approved and would be published without the sensitive documents outlined in Appendix 1.

SMIT Marine Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established