DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2018/1514)

ASP SHIP MANAGEMENT PTY LIMITED SEAGOING RATINGS ENTERPRISE AGREEMENT 2016

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 JULY 2018

Application for approval of the ASP Ship Management Pty Limited Seagoing Ratings Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ASP Ship Management Pty Limited Seagoing Ratings Enterprise Agreement 2016 (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 Applicant 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] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2018. 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

The applicants, ASP Ship Management Pty Ltd, sought the Fair Work Commission's approval for the ASP Ship Management Pty Limited Seagoing Ratings Enterprise Agreement 2016. The applicants argued that the agreement contained all necessary provisions and met the requirements for an enterprise agreement under the Fair Work Act 2009. The dispute involved whether the agreement was properly negotiated and whether it contained all the necessary minimum terms and conditions as required by the Act.

The legal issues before the Commission were whether the agreement had been fairly and properly negotiated and whether it contained all the required minimum terms and conditions. The applicants argued that the agreement was the result of proper negotiations and that it included all necessary minimum terms. The respondents, however, contested the fairness and proper negotiation of the agreement and argued that it lacked certain required minimum terms.

The Commission found that the agreement had been properly negotiated and contained all the required minimum terms. The applicants provided evidence of the negotiation process, including records of meetings and communications, which demonstrated that the agreement was the result of genuine and fair negotiations. The Commission also found that the agreement included all necessary minimum terms and conditions as required by the Fair Work Act 2009. The Commission was satisfied that the applicants had met their burden of proof in establishing the validity of the agreement.

The Fair Work Commission approved the ASP Ship Management Pty Limited Seagoing Ratings Enterprise Agreement 2016, finding it to be a lawful and properly negotiated agreement that contained all the required minimum terms and conditions. The Commission's approval meant that the agreement would now be binding on the parties and would govern the employment conditions of the seagoing ratings.

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