DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2020/2188)

ASP SHIP MANAGEMENT MUA FREMANTLE BUNKERING FACILITY AGREEMENT 2020

Maritime industry
COMMISSIONER WILLIAMS	PERTH, 1 SEPTEMBER 2020

Application for approval of the ASP Ship Management MUA Fremantle Bunkering Facility Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ASP Ship Management MUA Fremantle Bunkering Facility Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ASP Ship Management Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2020. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of ASP Ship Management Pty Ltd involved an application for the approval of a new enterprise agreement between ASP Ship Management and the Maritime Union of Australia (MUA) for the Fremantle bunkering facility. The application was brought before the Fair Work Commission to ensure that the proposed agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues that the Fair Work Commission was required to address were whether the proposed agreement met the procedural requirements under the Fair Work Act and whether it complied with the provisions that aim to promote high standards of industrial relations and fairness. This included verifying if the agreement had been fairly negotiated, if it provided for appropriate dispute resolution mechanisms, and if it met the criteria for being a "modern award."

The Fair Work Commission assessed the agreement based on the evidence provided, focusing on the negotiation process, the fairness of the terms, and compliance with the statutory framework. The Commission determined that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The proposed agreement included provisions for dispute resolution and aligned with the objectives of promoting high standards in industrial relations. Consequently, the Commission approved the agreement, finding it to be in line with the requirements of the Fair Work Act.

The Fair Work Commission approved the ASP Ship Management MUA Fremantle Bunkering Facility Agreement 2020, recognising it as a lawful and fair enterprise agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the workers at the Fremantle bunkering facility are regulated by a mutually agreed-upon agreement that meets the legal standards for fairness and industrial relations.

ASP Ship Management 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