Victoria International Container Terminal Limited T/A VICT

[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

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

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

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).

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).

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

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

CaseChat Overview and Summary

Victoria International Container Terminal Limited, trading as VICT, applied to the Court for approval and variation of the Victoria International Container Terminal Operations Agreement 2025. The primary dispute centred on whether the proposed changes to the agreement, which governed the operations of the container terminal, were in the public interest and aligned with the statutory requirements of the Transport Integration Act 2010. The Court was tasked with ensuring that the variations did not undermine the objectives of the original agreement and that the modifications were necessary to accommodate the evolving demands of the port operations.

The legal issues before the Court encompassed the interpretation of the Transport Integration Act, the assessment of the public interest, and the consideration of any potential impacts on port operations and stakeholders. The Court had to determine whether the proposed variations complied with the legislative framework and if they would result in any detrimental effects on the efficient functioning of the port. Additionally, the Court needed to evaluate whether the changes adequately addressed the operational needs of VICT while maintaining a balance with the interests of other stakeholders.

In its reasoning, the Court meticulously reviewed the Transport Integration Act and the provisions of the original operations agreement. The Court found that the proposed changes were necessary to improve the efficiency and competitiveness of the port, which aligned with the public interest objectives of the Act. The variations were deemed to be proportionate and reasonable, addressing specific operational challenges without compromising the broader public interest. Consequently, the Court approved the variations to the Victoria International Container Terminal Operations Agreement 2025, ensuring that the changes would facilitate the continued growth and effectiveness of the port operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established