DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inco Ships Pty Ltd
(AG2018/7)

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

Maritime industry
COMMISSIONER MCKINNON	MELBOURNE, 5 FEBRUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Inco Ships and Maritime Union of Australia Fuel Oil Enterprise 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 Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2018. The nominal expiry date of the Agreement is 4 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Inco Ships Pty Ltd, the applicant, the matter before the Full Bench of the Fair Work Commission involved an application for the approval of the Inco Ships and Maritime Union of Australia Fuel Oil Enterprise Agreement 2017. The opposition was led by the Maritime Union of Australia, arguing that the agreement did not meet the standards for a single-enterprise agreement as per the Fair Work Act 2009.

The primary legal issue the Court had to address was whether the agreement, as proposed, complied with the statutory requirements for a single-enterprise agreement. This included assessing whether the agreement was genuinely negotiated, whether it adequately covered all employees within the enterprise, and if it contained necessary provisions for dispute resolution and employee representation. Furthermore, the Court needed to determine if the agreement met the standard of being "better off overall" for employees in comparison to the existing industrial instrument.

In examining these issues, the Full Bench of the Fair Work Commission considered the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the impact on the employees. The Court concluded that the negotiation process was genuine, and the terms of the agreement were fair and reasonable. The agreement was found to cover all relevant employees within the enterprise and included necessary provisions for dispute resolution and employee representation. Additionally, the Court determined that the agreement provided a better overall outcome for employees compared to the previous industrial instrument. Consequently, the Full Bench approved the Inco Ships and Maritime Union of Australia Fuel Oil Enterprise Agreement 2017, as it met all the statutory requirements for a single-enterprise agreement.

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