DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2019/1808)

ASP SHIP MANAGEMENT/RV INVESTIGATOR OFFICERS ENTERPRISE AGREEMENT 2017

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JUNE 2019

Application for approval of the ASP Ship Management/RV Investigator Officers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ASP Ship Management/RV Investigator Officers Enterprise Agreement 2017 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Maritime Officers Union (AMOU) and the Australian Institute of Marine and Power Engineers (AIMPE) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of ASP Ship Management Pty Ltd involved an application for the approval of the ASP Ship Management/RV Investigator Officers Enterprise Agreement 2017. The parties to the agreement were ASP Ship Management Pty Ltd, the employer, and the Australian Maritime Officers' Union, representing the employees. The dispute centred on the terms and conditions of employment for officers on vessels managed by ASP Ship Management, specifically those on the RV Investigator.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. Key concerns included whether the agreement provided for minimum wages and conditions, allowed for fair bargaining, and met the 'better off overall test', ensuring that no employee would be worse off financially.

The Commission carefully examined the provisions of the agreement, noting the specific terms regarding wages, leave entitlements, and working conditions. It assessed whether these terms complied with the statutory minima and provided a fair balance of rights and obligations. Ultimately, the Commission found that the agreement satisfied the necessary legal criteria and was beneficial to the employees. It approved the agreement, highlighting that it provided for fair and reasonable terms of employment.

The final orders included the approval of the ASP Ship Management/RV Investigator Officers Enterprise Agreement 2017, effective from the date of the decision. The Commission's decision ensured that the agreement would govern the employment terms of the officers on the RV Investigator, providing a clear framework for their working conditions.

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