ASP Ship Management Pty Ltd

[2023] FWCA 1832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ASP Ship Management Pty Ltd

(AG2023/1770)

ASP SHIP MANAGEMENT FREMANTLE BUNKERING FACILITY OFFICERS AGREEMENT 2022

Maritime industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 21 JUNE 2023

Application for approval of the ASP Ship Management Fremantle Bunkering Facility Officers Agreement 2022

An application has been made for approval of an enterprise agreement known as the ASP Ship Management Fremantle Bunkering Facility Officers Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Maritime Officers Union and the Australian Institute of Marine and Power Engineers have both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers The Australian Maritime Officers Union and the Australian Institute of Marine and Power Engineers.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 the applicant and two unions. The dispute arose under the Fair Work Act 2009, specifically section 185, which mandates the approval of such agreements. The applicant, ASP Ship Management Pty Ltd, sought approval for the ASP Ship Management Fremantle Bunkering Facility Officers Agreement 2022, a single enterprise agreement designed to regulate the terms and conditions of employment for officers at the Fremantle bunkering facility.

The primary legal issue before the Deputy President was whether the Agreement met all necessary requirements for approval as stipulated in sections 186, 187, and 188 of the Act. These sections encompass various conditions that must be satisfied for an enterprise agreement to be deemed appropriate for approval. The Deputy President had to ascertain whether the Agreement adhered to the statutory provisions and if the unions, The Australian Maritime Officers Union and the Australian Institute of Marine and Power Engineers, were willing to be covered by the Agreement.

Upon reviewing the application and the accompanying statutory declarations from the unions, the Deputy President determined that all relevant requirements were fulfilled. Both unions had formally declared their intention to be covered by the Agreement, as mandated by section 183 of the Act. Consequently, the Deputy President was satisfied that the Agreement complied with the necessary statutory conditions and was fit for approval. The Deputy President approved the Agreement, which will now operate under the terms of the Fair Work Act 2009, with a nominal expiry date of 30 June 2025.

The Deputy President issued an order approving the ASP Ship Management Fremantle Bunkering Facility Officers Agreement 2022, effective immediately. The Agreement will regulate the terms and conditions of employment for the officers until the expiry date, barring any earlier termination or modification as per the provisions of the Act. This decision ensures that the Agreement is legally binding and enforceable for the duration specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established