DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2018/5567)

ASP SHIP MANAGEMENT/AIMPE ENGINEERS (TT-LINE FLEET) ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the ASP Ship Management/AIMPE Engineers (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] 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 Institute of Marine and Power Engineers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 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 case of ASP Ship Management Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement between ASP Ship Management and AIMPE Engineers, specifically concerning the TT-Line Fleet. The application for approval was brought forth to ensure the agreement met the necessary legal standards and requirements under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement contained all the mandated terms and conditions, including those relating to employee entitlements, wages, and working conditions, and if it complied with the procedural fairness and good faith bargaining principles.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections concerning the mandatory terms that must be included in an enterprise agreement and the criteria for approval. The Commission had to determine if the agreement satisfied all legislative requirements, including whether it was made in good faith and whether it provided fair and reasonable terms for employees. Additionally, the court had to consider if there was procedural fairness in the agreement's negotiation and whether the agreement was sufficiently representative of the workforce.

The Commission found that the enterprise agreement met all the necessary requirements under the Fair Work Act. The agreement included all the mandated terms and was made in good faith. The Commission was satisfied that the negotiation process was fair and that the agreement was representative of the workforce. The court highlighted the importance of procedural fairness and good faith bargaining in the context of enterprise agreements. Based on this analysis, the Commission approved the enterprise agreement, emphasising the importance of fair and reasonable terms for employees. The final orders included the approval of the ASP Ship Management/AIMPE Engineers (TT-Line Fleet) Enterprise Agreement 2017.

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