DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inco Ships Pty Ltd
(AG2018/2595)

INCO SHIPS PTY LTD ACCOLADE II/MUA COLLECTIVE AGREEMENT 2017

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 OCTOBER 2018

Application for approval of the Inco Ships Pty Ltd Accolade II/MUA Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Inco Ships Pty Ltd Accolade II/MUA Collective Agreement 2017 (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 Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 of the Act, will operate from 7 November 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inco Ships Pty Ltd applied to the Fair Work Commission for approval of the Inco Ships Pty Ltd Accolade II/MUA Collective Agreement 2017. The Maritime Union of Australia (MUA) opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly regarding the resolution of disputes and the incorporation of awards and agreements. The Commission also considered whether the agreement met the standard for "better off overall" for the employees, ensuring that the overall terms and conditions of employment were not worse than those previously enjoyed.

The Commission found that the agreement contained provisions that were not consistent with the Fair Work Act, particularly concerning the resolution of disputes and the incorporation of awards and agreements. Despite this, the Commission concluded that the agreement met the "better off overall" test, as it provided employees with improved conditions and protections compared to their previous terms of employment. The Commission approved the agreement, subject to specific conditions to address the identified non-compliant provisions.

The Fair Work Commission approved the application for approval of the agreement, subject to conditions that required Inco Ships Pty Ltd to revise certain provisions to align with the Fair Work Act. These conditions aimed to ensure that the agreement complied with legal requirements and maintained the overall benefits for employees.

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