ASP Ship Management Pty Ltd

[2015] FWCA 3081

[2015] FWCA 3081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ASP Ship Management Pty Ltd
(AG2015/1814)

ASP SHIP MANAGEMENT BUNKERING SERVICE (AUSTRALIAN MARITIME OFFICERS UNION) AGREEMENT 2013

Maritime industry
COMMISSIONER JOHNS	MELBOURNE, 5 MAY 2015

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

[1] On 6 February 2015 ASP Ship Management (Applicant) made an application for approval of the ASP Ship Management Bunkering Service (Australian Maritime Officers Union) Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On the Employer’s statutory declaration in support of an application for approval of an enterprise agreement (Form F17) Phil Jones advised that the Agreement was lodged late due to the enterprise agreement being unable to be signed be either party until 30 January 2015. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Maritime Officers Union has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 May 2015. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Annexure A

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