DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2015/3990)

ASP SHIP MANAGEMENT BUNKERING SERVICE (MARITIME UNION OF AUSTRALIA) AGREEMENT 2013

Port authorities
COMMISSIONER CRIBB	MELBOURNE, 23 JULY 2015

Application for approval of the ASP Ship Management Bunkering Service (Maritime Union of Australia) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ASP Ship Management Bunkering Service (Maritime Union of Australia) Agreement 2013 (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.

[3] The 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 23 July 2015 and, in accordance with s.54 of the Act, will operate from 30 July 2015. The nominal expiry date of the Agreement is 31 December 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by ASP Ship Management Pty Ltd, seeking approval of the ASP Ship Management Bunkering Service (Maritime Union of Australia) Agreement 2013. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement and whether it contained terms and conditions that were fair and reasonable.

The Commission evaluated the agreement by examining the process by which it was negotiated and the content of its provisions. In its assessment, the Commission considered the conduct of the parties involved in the negotiation process, the extent to which the agreement was genuinely negotiated, and whether the agreement was in good faith. The Commission also looked at the fairness and reasonableness of the terms and conditions of the agreement, including the remuneration and conditions of employment for the employees covered by the agreement.

After conducting a thorough review, the Commission concluded that the agreement was a genuine enterprise agreement and that it contained fair and reasonable terms and conditions. The Commission found that the negotiation process was conducted in good faith, and the agreement reflected the genuine outcomes of negotiations between the parties. The Commission also determined that the agreement contained provisions that were fair and reasonable, taking into account the specific circumstances of the enterprise and the needs of the employees.

The Commission approved the agreement, which will now be registered and enforceable under the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are protected and that the parties are bound by the agreement's provisions.

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