Inco Ships Pty Ltd

[2021] FWCA 3208

[2021] FWCA 3208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inco Ships Pty Ltd
(AG2021/5214)

INCO SHIPS PTY LTD OFFICER COLLECTIVE AGREEMENT 2021 SHIPPING SERVICES FOR ICS ALLEGIANCE

Maritime industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 JUNE 2021

Application for approval of the Inco Ships Pty Ltd Officer Collective Agreement 2021 Shipping Services for ICS Allegiance.

[1] Inco Ships Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Inco Ships Pty Ltd Officer Collective Agreement 2021 Shipping Services for ICS Allegiance (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On 24 May 2021, my Chambers communicated with the Applicant to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of undertakings.

[3] The Applicant has submitted undertakings in the required form dated 26 May 2021. The undertakings deal with the following:

•  The definition of serious misconduct found in Reg. 1.07 of the Fair Work Regulations 2009 will be used when administering clause 2.3.6 of the Agreement; and

•  Clause 2.3.6(b), which deals with notice of termination (abandonment of employment), will be administered consistently with the National Employment Standards.

[4] A copy of the undertakings has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertakings.

[5] The undertakings appear to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] The Australian Maritime Officers’ Union, and the Australian Institute of Marine & Power Engineers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 3 June 2025.

COMMISSIONER

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