Victoria International Container Terminal Limited T/A VICT

Case

[2025] FWCA 3266

25 SEPTEMBER 2025


[2025] FWCA 3266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victoria International Container Terminal Limited T/A VICT

(AG2025/3047; AG2025/3053)

VICTORIA INTERNATIONAL CONTAINER TERMINAL OPERATIONS AGREEMENT 2025

Stevedoring industry

DEPUTY PRESIDENT FAROUQUE

MELBOURNE, 25 SEPTEMBER 2025

Applications for approval and variation of the Victoria International Container Terminal Operations Agreement 2025

Introduction  

  1. Victoria International Container Terminal Limited T/A VICT (the Employer) has made an application for approval of a single-enterprise agreement known as the Victoria International Container Terminal Operations Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). The Employer has also made an application for a variation of the Agreement to amend or correct defects, errors or irregularities under s.218A of the Act.

Section 186, 187 and 188

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

Section 218A variation

The Agreement lodged contained errors in the clause numbering and also referred to the Construction, Forestry and Maritime Employees Union as the Construction, Forestry, Maritime and Energy Union. The Employer has applied under s.218A to amend the Agreement to correct these errors. I am satisfied that this application was made by an employer covered by the Agreement as required by s.218A(2) and that these errors are obvious errors, defects or irregularities within the meaning of s.218A(1). I amend the Agreement accordingly pursuant to s.218A of the Act.

Section 183 Bargaining Representatives  

  1. The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Construction, Forestry and Maritime Employees Union (CFMEU).

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

  1. The Australian Maritime Officers’ Union (AMOU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Australian Maritime Officers’ Union.

Approval  

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval. Pursuant to s.218A(3), the variation will operate from the operative date of the Agreement, being 7 days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE530599  PR792128>

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