ASP Ship Management Pty Ltd

[2017] FWCA 4382

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ASP Ship Management Pty Ltd

(AG2017/1996)

ASP Ship Management Gladstone Bunkering Facility Agreement 2015

Maritime industry
Commissioner Gregory	MELBOURNE, 23 AUGUST 2017

Application for approval of the ASP Ship Management Gladstone Bunkering Facility Agreement 2015.

An application has been made for approval of an enterprise agreement known as the ASP Ship Management Gladstone Bunkering Facility Agreement 2015 (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.

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.

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.

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.

The Australian Institute of Marine and Power Engineers (AIMPE), Australian Maritime Officers’ Union (AMOU) and Maritime Union of Australia (MUA) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by ASP Ship Management Pty Ltd for the approval of the ASP Ship Management Gladstone Bunkering Facility Agreement 2015. The application was made before the Federal Circuit and Family Court of Australia. The agreement was proposed to govern the supply of bunker fuel to ships calling at the Port of Gladstone, with specific emphasis on safety and environmental compliance.

The court was tasked with determining whether the proposed agreement met the necessary requirements under the relevant maritime legislation. Key legal issues included whether the agreement sufficiently addressed safety, environmental protection, and compliance with the Australian Maritime Safety Authority's (AMSA) standards. Additionally, the court had to consider the balance between the commercial interests of the parties and the broader public interest in maritime safety and environmental preservation.

In its decision, the court meticulously reviewed the provisions of the agreement, noting that it contained detailed safety and environmental protocols. The court found that the agreement aligned with the regulatory framework set by AMSA and sufficiently safeguarded public and environmental interests. The court also acknowledged the commercial necessity of the agreement for the efficient operation of the Gladstone port. Consequently, the court approved the agreement, recognising it as a necessary and well-crafted measure to ensure compliance with maritime safety and environmental standards while facilitating commercial activities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established