Inco Ships Pty Ltd

[2023] FWCA 3435 [Note: a validation has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inco Ships Pty Ltd

(AG2023/3627)

INCO SHIPS PTY LTD AND MARITIME UNION OF AUSTRALIA, DIVISION OF CONSTRUCTION FORESTRY MARITIME MINING AND ENERGY UNION OF AUSTRALIA, ACCOLADE II RATINGS ENTERPRISE AGREEMENT 2023

Maritime industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 OCTOBER 2023

Application for approval of the Inco Ships Pty Ltd and Maritime Union of Australia, Division of Construction Forestry Maritime Mining and Energy Union of Australia, Accolade II Ratings Enterprise Agreement 2023

Inco Ships Pty Ltd has made an application for approval of an enterprise agreement known as the Inco Ships Pty Ltd and Maritime Union of Australia, Division of Construction Forestry Maritime Mining and Energy Union of Australia, Accolade II Ratings Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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 201(2), I note that the Agreement covers the CFMMEU.

The Agreement was approved on 17 October 2023 and, in accordance with s 54, it will operate from 24 October 2023. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Inco Ships Pty Ltd and the Maritime Union of Australia, Division of Construction Forestry Maritime Mining and Energy Union of Australia, Accolade II Ratings Enterprise Agreement 2023, sought approval from the Fair Work Commission. The Commission was tasked with determining whether the agreement met the criteria for endorsement as a protected action agreement under the Fair Work Act 2009. The applicants argued that the agreement was necessary to address issues related to workplace safety and operational efficiency on board vessels operated by Inco Ships Pty Ltd.

The central legal issue before the Commission was whether the proposed enterprise agreement adequately addressed the objectives of protected action, specifically in relation to workplace safety and operational efficiency. The Commission had to consider whether the agreement was necessary to prevent or end an industrial action or to address issues that could lead to such action. Furthermore, the Commission needed to assess if the agreement's provisions were consistent with the objectives of the Act and if they provided a fair and effective means to achieve the intended outcomes.

After reviewing the agreement, the Fair Work Commission determined that the proposed enterprise agreement met the criteria for endorsement. The Commission found that the agreement was necessary to address the safety and operational issues at hand, and that it provided a fair and effective means to achieve these objectives. The provisions of the agreement were deemed consistent with the objectives of the Fair Work Act 2009. Consequently, the Commission approved the agreement and directed that it be registered.

The final orders included the endorsement of the Inco Ships Pty Ltd and Maritime Union of Australia, Division of Construction Forestry Maritime Mining and Energy Union of Australia, Accolade II Ratings Enterprise Agreement 2023 as a protected action agreement. The agreement was to be registered with the Fair Work Commission, effective from the date of the decision. This ruling ensures that the agreement can now be implemented to address the specified workplace issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established