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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Inco Ships Pty Ltd, sought approval for the Inco Ships Pty Ltd Officer Collective Agreement 2021, concerning the employment conditions for officers on the vessel ICS Allegiance. The Fair Work Commission, which is the court in this matter, was tasked with determining whether the agreement should be approved as a new registered agreement. The application was made under section 241 of the Fair Work Act 2009, which provides the legal framework for the approval process.

The central legal issue before the Commission was whether the proposed agreement met the criteria for registration as a new registered agreement under the Fair Work Act. This required consideration of whether the agreement was in the public interest and whether it was made without the influence of any improper conduct. Additionally, the Commission needed to determine if the agreement satisfied the requirements of section 231 of the Act, which mandates that an agreement must be in writing, include minimum terms and conditions, and be made without coercion, duress, or improper influence.

In reaching its decision, the Commission examined the content of the agreement and the process by which it was formed. The Commission noted that the agreement had been negotiated in good faith and that there was no evidence of improper conduct influencing the negotiation process. Furthermore, the agreement included all the necessary minimum terms and conditions as specified in the Act. Considering these factors, the Commission found that the agreement was in the public interest and met all the legal requirements for registration. Consequently, the Commission approved the application and registered the Inco Ships Pty Ltd Officer Collective Agreement 2021 as a new registered agreement.

The Commission's final orders included the registration of the Inco Ships Pty Ltd Officer Collective Agreement 2021, effective from the date of the decision. This registration ensured that the agreement would govern the employment conditions of officers on the ICS Allegiance, subject to any subsequent changes or variations that may be approved by the Commission in accordance with the Fair Work Act.

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