TRANSFER OF BUSINESS – enterprise agreement – s.318 Fair Work Act – application for order relating to instrument covering new employer and transferring employees – application concerned employees covered by SMIT Marine Australian P/L and MUA Enterprise Agreement 2015 (expired 5 April 2016) – employer sought order agreement to not cover transferring employees with employees to be covered by Smit Lamnalco Towage (Australia) P/L & Maritime Union of Australia Enterprise Agreement 2014 (expiring 30 June 2017) subject to undertaking to preserve conditions – difference in expiry date meant agreement effectively extended for 12 months – default position agreement continues to cover transferring employees – consideration given to most appropriate agreement to cover operations factors in s.318 of Act – employees disadvantaged by agreement extending 12 month without opportunity to bargain new agreement – disadvantage to extend agreement speculative as outcome negotiations not known – real disadvantage in lost opportunity to support claim with protected industrial action – extended agreement provided stability in transfer – some productivity advantage – no significant economic disadvantage – public interest not significant – held advantage of bringing all operations under one agreement should be achieved through bargaining – orders not made – application dismissed. Smit Lamnalco Towage (Australia) P/L
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