Application for approval of the Smit Lamnalco Towage (Australia) Pty Ltd and MUA Gladstone Enterprise Agreement 2025.

[1] An application has been made for approval of an enterprise agreement known as the Smit Lamnalco Towage (Australia) Pty Ltd and MUA Gladstone Enterprise Agreement 2025. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Smit Lamnalco Towage (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.

[3] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The parties have sought an Order pursuant to s.594 of the Act that the publication of Appendices 1 and 2 of the Agreement, which deal with rosters of work, operational standards, revalidations and training provisions (including the cost of training), be restricted and kept confidential. In support of the application for an Order under s.594, the Applicant provided submissions on 8 and 24 October 2025 setting out the basis upon which the Order is sought.

[7] Pursuant to s.594(1) of the Act, I order that Appendices 1 and 2 be kept confidential and not published on the basis that it contains commercially sensitive operational information, and I am satisfied that it is desirable that this information is restricted from publication. Appendices 1 and 2 are publicly accessible on the Commission's file should anyone, such as an employee, request to access it.

[8] The Construction, Forestry and Maritime Employees Union - The Maritime Union of Australia Division (MUA) lodged a Form F18 statutory declaration giving 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 the Agreement covers the MUA.

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

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