| [2020] FWCA 4542 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ASP Ship Management Pty Ltd
(AG2020/2312)
ASP SHIP MANAGEMENT / TT-LINE FLEET OFFICERS ENTERPRISE AGREEMENT 2019
Maritime industry | |
DEPUTY PRESIDENT MANSINI | MELBOURNE, 27 AUGUST 2020 |
Application for approval of the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2019.
[1] ASP Ship Management Pty Ltd has applied for approval of a single enterprise agreement known as the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
[2] Noting clause 5(h) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.
[3] On the basis of the material contained in the application, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[4] The Australian Maritime Officers Union and the Australian Institute of Marine & Power Engineers, being bargaining representatives for the Agreement, have respectively supported approval of the Agreement and given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.
[5] The Agreement was approved on 27 August 2020 and, in accordance with s.54, will operate from 3 September 2020. The nominal expiry date of the Agreement is 31 July 2021.
DEPUTY PRESIDENT
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- AGLC
- ASP Ship Management Pty Ltd [2020] FWCA 4542
- Case
- [2020] FWCA 4542
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, if it met the requirements of the Act, and if it was in the best interests of the employees. The Commission had to examine whether the agreement was negotiated in good faith and if it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions for the employees.
The Commission found that the agreement was a genuine enterprise agreement that met the requirements of the Fair Work Act. The agreement was negotiated in good faith, contained the necessary minimum terms and conditions, and provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement was in the best interests of the employees and approved the application. Consequently, the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2019 was registered under the Fair Work Act 2009.
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