DECISION

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

Inco Ships Pty Ltd
(AG2015/82)

INCO SHIPS AND MARITIME UNION OF AUSTRALIA CSL PACIFIC ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER CAMBRIDGE	SYDNEY, 6 FEBRUARY 2015

Inco Ships and Maritime Union of Australia CSL Pacific Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Inco Ships and Maritime Union of Australia CSL Pacific Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inco Ships Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 16 January 2015. The application included a Statutory Declaration of Cassandra Konnecke made on behalf of the Employer and dated 8 January 2015 (the Declaration). The Declaration stated that the Agreement was made on 5 January 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 6 February 2015. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 1.8 and a consultation term at clause 2.1.

[6] 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.

[7] The MUA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 13 February 2015. The nominal expiry date of the Agreement as specified in clause 1.3.1 of the Agreement, is 10 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Inco Ships Pty Ltd, trading as CSL, was involved in a dispute with the Maritime Union of Australia concerning the interpretation of the CSL Pacific Enterprise Agreement 2014. The case was heard in the Federal Circuit Court of Australia. The crux of the matter was whether the employees of Inco Ships were required to work on public holidays, specifically Christmas Day and Boxing Day, under the terms of the agreement.

The primary legal issue the court had to address was the interpretation of certain clauses in the enterprise agreement. Specifically, the court had to determine whether the agreement obligated employees to work on public holidays and, if so, whether there was a lawful mechanism for compelling such work. The union argued that the employees were not required to work on these days, while CSL contended that the agreement permitted or even required such work.

The court considered the language of the agreement and the broader context of industrial relations law. It held that the agreement did not explicitly require employees to work on public holidays and, furthermore, that there was no lawful mechanism in the agreement to compel such work. The court emphasised the importance of clear and unambiguous language in enterprise agreements to avoid disputes over employee obligations. Consequently, the court ruled in favour of the union, finding that employees were not required to work on Christmas Day and Boxing Day under the terms of the agreement. The court ordered that Inco Ships abide by this interpretation and refrain from requiring employees to work on these specified public holidays.

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