INCO SHIPS AND MARITIME UNION OF AUSTRALIA MELBOURNE FUEL OIL ENTERPRISE AGREEMENT 2022

Application for variation of the Inco Ships and Maritime Union of Australia Melbourne Fuel Oil Enterprise Agreement 2022

[1] An application has been made for approval of a variation to the Inco Ships and Maritime Union of Australia Melbourne Fuel Oil Enterprise Agreement 2022 (the Agreement). The application was made by Inco Ships Pty Ltd (the Applicant) pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary the following clauses of the Agreement:

• (a) Clause 1.1 - to alter the coverage specifying work to Victoria only.

• (b) Clause 1.4 - to amend the definition of a vessel to apply to a vessel undertaking bunkering and fuel operation in Victoria

• (c) Clause 1.11 - to alter the dispute resolution clause based on the undertakings required by the Commission, providing increased scope to have representation in dispute settlement proceedings.

• (d) Clause 1.14 - to include the ability to have union delegates as representatives.

• (e) Clause 2.12 - to include a right to disconnect term.

• (f) Clause 3.5 - to alter the default fund in the superannuation term.

[3] The Construction Forestry and Maritime Employees Union did not oppose of the above variations sought by the Applicant.

[4] I am satisfied that each of the requirements of sections 210 and 211 of the Act, as are relevant to this application for approval of a variation, has been met.

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

[6] In accordance with s.216 of the Act, the variation operates from 8 August 2025.

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