DECISION

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

Inco Ships Pty Ltd
(AG2015/1191)

INCO SHIPS PTY LTD ACCOLADE II/MUA COLLECTIVE AGREEMENT 2014

Maritime industry
COMMISSIONER HAMPTON	ADELAIDE, 3 JUNE 2015

Application for approval of the Inco Ships Pty Ltd Accolade II/MUA Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Inco Ships Pty Ltd Accolade II/MUA Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Inco Ships Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that the employer inadvertently answered question 2.14 incorrectly in the F17 Employers Declaration. It is evident from the terms of the Agreement itself that it does not contain unlawful terms.

[4] The Maritime Union of Australia, 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2015. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Maritime Union of Australia (MUA) to the Fair Work Commission (FWC) for approval of the Inco Ships Pty Ltd Accolade II/MUA Collective Agreement 2014. The application was contested by the applicant company, Inco Ships, who raised several objections to the agreement. The FWC was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the collective agreement contained mandatory terms that were not consistent with the national workplace relations system. Inco Ships argued that certain provisions of the agreement were not consistent with the national system, including provisions related to wages and conditions, dispute resolution, and the use of the agreement as a code of practice. The FWC considered whether the agreement was consistent with the principles of the national workplace relations system and whether it met the requirements for approval under section 232 of the Fair Work Act.

The FWC found that the agreement did not contain any mandatory terms that were not consistent with the national workplace relations system. The FWC noted that the agreement provided for a good faith bargaining process and contained provisions that were consistent with the principles of the national system. The FWC also found that the agreement met the requirements for approval under the Fair Work Act, including the requirement that the agreement promote high levels of productivity, flexibility, and efficiency in the workplace. The FWC approved the collective agreement, subject to certain modifications to address Inco Ships' concerns.

The FWC's decision provides guidance on the requirements for approving collective agreements under the Fair Work Act. The decision emphasises the importance of good faith bargaining and the need for collective agreements to be consistent with the principles of the national workplace relations system. The decision also highlights the role of the FWC in ensuring that collective agreements promote high levels of productivity, flexibility, and efficiency in the workplace. The final orders of the FWC approved the Inco Ships Pty Ltd Accolade II/MUA Collective Agreement 2014, subject to certain modifications.

Inco Ships 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