Inco Ships Pty Ltd

[2013] FWCA 2672

FAIR WORK COMMISSION

DECISION

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

Inco Ships Pty Ltd
(AG2013/6008)

INCO SHIPS AND MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2011 - MV IRON CHIEFTAN

Maritime industry
VICE PRESIDENT WATSON	SYDNEY, 2 MAY 2013

Application for approval of the Inco Ships and Maritime Union of Australia Enterprise Agreement 2011 - MV Iron Chieftain.

[1] An application has been made for approval of an enterprise agreement known as the Inco Ships and Maritime Union of Australia Enterprise Agreement 2011 - MV Iron Chieftain (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 Agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 April 2013.

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

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 9 May 2013. The nominal expiry date of the Agreement is 4 December 2015.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Inco Ships Pty Ltd applied for the approval of the Inco Ships and Maritime Union of Australia Enterprise Agreement 2011, specifically concerning the MV Iron Chieftain. The application was made under the Fair Work Act 2009, seeking the court's approval for an enterprise agreement that had been registered by the Fair Work Commission but was subject to the court's oversight due to the terms of the agreement and the potential implications for industrial relations law.

The central legal issues before the court involved the validity and fairness of the enterprise agreement, particularly whether it complied with the statutory requirements set forth in the Fair Work Act 2009. The court had to determine if the agreement was made in good faith and whether it provided for the proper protection of employees' rights and interests. Additionally, the court examined if the agreement met the criteria for being a "single interest" employer agreement, as it involved a single employer and multiple unions.

The court considered the evidence and submissions presented by both Inco Ships Pty Ltd and the Maritime Union of Australia. The court found that the agreement was made in good faith and that it provided for the proper protection of employees' rights and interests. The agreement was deemed to be a "single interest" employer agreement as it involved a single employer and multiple unions. The court was satisfied that the agreement complied with the statutory requirements and approved the enterprise agreement under the Fair Work Act 2009.

The court ordered the approval of the Inco Ships and Maritime Union of Australia Enterprise Agreement 2011 concerning the MV Iron Chieftain. The agreement was to be registered by the Fair Work Commission and would govern the employment conditions of the relevant employees, ensuring that the terms of the agreement were fair and complied with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established