Inco Ships Pty Ltd

[2021] FWCA 1545

[2021] FWCA 1545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Inco Ships Pty Ltd
(AG2021/4194)

INCO SHIPS AND MARITIME UNION OF AUSTRALIA FUEL OIL ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER MCKINNON	MELBOURNE, 23 MARCH 2021

Application for variation of the Inco Ships and Maritime Union of Australia Fuel Oil Enterprise Agreement 2017.

[1] Inco Ships Pty Ltd has applied for approval of a variation to the Inco Ships and Maritime Union of Australia Fuel Oil Enterprise Agreement 2017 (the Agreement).

[2] The variation comes after months of consultation between Inco Ships and the Maritime Union of Australia in response to the COVID-19 pandemic. It will result in a 10% reduction in wages for employees working on the Melbourne Bunker Barge and make related changes to the calculation of their annual leave balances. The variation is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided a written undertaking to meet a concern that the requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertaking was accepted and the Agreement was approved on 5 February 2018. The undertaking remains part of the Agreement as varied.

[5] The model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement and remains part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 23 March 2021.

COMMISSIONER

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