ASP Ship Management Pty Ltd

Case [2020] FWCA 4542


[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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<AE508860 PR722202>

Details
AGLC
ASP Ship Management Pty Ltd [2020] FWCA 4542
Case
[2020] FWCA 4542
Decision Date

CaseChat Overview and Summary

The Fair Work Commission received an application for the approval of the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2019. The applicant, ASP Ship Management, sought to have the agreement registered under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the provisions of the Fair Work Act and met the requirements for the approval of an enterprise agreement.

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.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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