ASP Ship Management

[2014] FWCA 411

[2014] FWCA 411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management
(AG2014/3359)

ASP SHIP MANAGEMENT ZEMIRA BUNKERING SERVICE AUSTRALIAN MARITIME OFFICERS UNION AGREEMENT 2013

Maritime industry
COMMISSIONER JOHNS	MELBOURNE, 16 JANUARY 2014

Application for approval of the ASP Ship Management Zemira Bunkering Service Australian Maritime Officers Union Agreement 2013.

[1] On 9 January 2014 ASP Ship Management (Applicant) made an application for approval of the ASP Ship Management Zemira Bunkering Service Australian Maritime Officers Union Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings are in respect of the relationship between the Agreement and the Seagoing Industry Award 2010. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Maritime Officers Union (AMOU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The AMOU, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 January 2014. The nominal expiry date of the Agreement is 31 December 2017

COMMISSIONER

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ANNEXURE A