DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2018/5224)

ASP SHIP MANAGEMENT/AMOU OFFICERS (TT-LINE FLEET) ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER BISSETT	MELBOURNE, 3 APRIL 2019

Application for approval of the ASP Ship Management/AMOU Officers (TT-Line Fleet) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ASP Ship Management/AMOU Officers (TT-Line Fleet) 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Maritime Officers’ Union (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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, ASP Ship Management Pty Ltd sought approval of a new enterprise agreement, the ASP Ship Management/AMOU Officers (TT-Line Fleet) Enterprise Agreement 2017. The Australian Maritime Officers’ Union was the bargaining agent for the employees affected by the agreement. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved and registered.

The central legal issues involved whether the agreement had been fairly negotiated, met the "better off overall test", and contained appropriate mechanisms for resolving future disputes. The Commission had to determine whether the agreement contained all the mandated terms and conditions of employment and whether the process by which the agreement was negotiated was procedurally fair. The fairness of the terms and conditions, particularly in relation to the "better off overall test", was also scrutinised.

After considering the submissions and evidence from both parties, the Commission found that the agreement had been fairly negotiated and contained all the mandated terms and conditions. The Commission was satisfied that the process adhered to procedural fairness and that the agreement met the "better off overall test". The Commission also approved the dispute resolution procedures outlined in the agreement. Consequently, the Commission approved the application and registered the enterprise agreement.

The Fair Work Commission has approved the ASP Ship Management/AMOU Officers (TT-Line Fleet) Enterprise Agreement 2017. The agreement is now registered and will apply to the relevant employees. The decision confirms that the agreement complies with the requirements of the Fair Work Act 2009 and provides a fair and reasonable framework for the employment relationship between the parties.

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