DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2016/6726)

ASP SHIP MANAGEMENT/AUSTRALIAN MARITIME OFFICERS UNION SEAGOING ENTERPRISE AGREEMENT 2015

Maritime industry
COMMISSIONER ROE	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the ASP Ship Management/Australian Maritime Officers Union Seagoing Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ASP Ship Management/Australian Maritime Officers Union Seagoing Enterprise 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.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Maritime Officers’ 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.

[4] The Agreement was approved on 29 November 2016 and, in accordance with s.54, will operate from 6 December 2016. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved ASP Ship Management Pty Ltd and the Australian Maritime Officers Union. The parties were seeking approval of a proposed enterprise agreement, the ASP Ship Management/Australian Maritime Officers Union Seagoing Enterprise Agreement 2015. The Commission was required to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, it had to be satisfied that the agreement facilitated a higher degree of flexibility, efficiency and productivity in the workplace, did not undermine the capacity of employees to protect their own interests and did not otherwise have an adverse effect on employees.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, particularly sections 230 and 231 which mandate that enterprise agreements must be in the best interests of the employees and not have a detrimental impact on them. The Commission needed to examine if the agreement provided for a higher degree of flexibility, efficiency and productivity, and whether it allowed for the protection of employees' interests. The Commission also needed to ensure that the agreement did not result in employees being worse off overall.

The Commission found that the proposed agreement met the requirements of the Fair Work Act. It was satisfied that the agreement facilitated a higher degree of flexibility, efficiency and productivity in the workplace, did not undermine the capacity of employees to protect their own interests and did not otherwise have an adverse effect on employees. The Commission noted that the agreement provided for a range of measures that would enhance the efficiency and productivity of the workplace, such as the introduction of a new rostering system and the use of technology to improve communication between employees and management. The Commission was also satisfied that the agreement provided for adequate protection of employees' interests, including through the establishment of a dispute resolution process.

The Commission approved the ASP Ship Management/Australian Maritime Officers Union Seagoing Enterprise Agreement 2015. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of registration. The approval of the agreement was an important step towards enhancing the efficiency and productivity of the workplace, while also protecting the interests of employees.

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