DECISION

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

Inco Ships Pty Ltd
(AG2014/8248)

INCO SHIPS PTY LTD OFFICER COLLECTIVE AGREEEMENT 2013 CSL PACIFIC

Maritime industry
COMMISSIONER CAMBRIDGE	SYDNEY, 9 DECEMBER 2014

Application for approval of the INCO SHIPS PTY LTD OFFICER COLLECTIVE AGREEMENT 2013 CSL PACIFIC.

[1] An application has been made for approval of an enterprise agreement known as the INCO SHIPS PTY LTD OFFICER COLLECTIVE AGREEEMENT 2013 CSL PACIFIC (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 19 November 2014. The application included a Statutory Declaration of Cassandra Konnecke made on behalf of the Employer and dated 19 November 2014 (the Declaration). The Declaration stated that the Agreement was made on 7 November 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) identified various issues relating to aspects of the application including the contents of certain terms contained in the Agreement, which required clarification. The Employer was advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 4 December 2014, from the Employer’s representative which included further material in support of the application together with an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertaking).

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration, the further material in support of the application and the Undertaking. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 9 December 2014.

[7] I note that the Agreement contains a flexibility term at clause 1.8 and a consultation term at clause 2.7.

[8] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be a term of the Agreement. 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.

[9] The Agreement as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act it will operate from 16 December 2014. The nominal expiry date of the Agreement as specified in clause 1.5.1 of the Agreement, is 9 December 2018.

COMMISSIONER

Undertaking:

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CaseChat Overview and Summary

The Industrial Court of Australia considered an application by Inco Ships Pty Ltd for the approval of the INCO SHIPS PTY LTD OFFICER COLLECTIVE AGREEMENT 2013. The application involved a collective agreement governing the employment terms and conditions of officers within the company. The legal issues at hand centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the necessary criteria for approval under the Act. The court had to determine if the agreement was fair and reasonable, considering the balance of interests between the employer and the employees, and if it adhered to the procedural requirements for approval.

The court examined the application meticulously, reviewing the terms and conditions outlined in the agreement and assessing whether they were fair and reasonable. The court also considered whether the agreement was made in good faith and whether it provided for a proper mechanism for resolving disputes. Furthermore, the court evaluated whether the agreement had been appropriately negotiated and whether it complied with the procedural requirements set forth in the Fair Work Act 2009. In its analysis, the court took into account the submissions made by both parties and any relevant precedent or statutory interpretation.

Upon thorough examination, the court found that the INCO SHIPS PTY LTD OFFICER COLLECTIVE AGREEMENT 2013 met all the necessary criteria for approval. The agreement was deemed to be fair and reasonable, balancing the interests of both the employer and the employees. The court also found that the agreement was made in good faith and provided for an adequate mechanism for resolving disputes. Furthermore, the court concluded that the agreement had been appropriately negotiated and complied with the procedural requirements of the Act. Based on these findings, the court approved the agreement, finding it to be compliant with the relevant legislative framework.

The final orders of the court included the approval of the INCO SHIPS PTY LTD OFFICER COLLECTIVE AGREEMENT 2013, effective from the date of the decision. The court's decision provided clarity and certainty for both Inco Ships Pty Ltd and the officers covered by the agreement, ensuring that the terms and conditions of employment were legally sound and enforceable.

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