ASP Ship Management Pty Ltd

[2015] FWCA 1228

[2015] FWCA 1228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2015/1769)

ASP SHIP MANAGEMENT PTY LTD SEAGOING RATINGS ENTERPRISE AGREEMENT (RTM) 2012

Maritime industry
COMMISSIONER CRIBB	MELBOURNE, 20 FEBRUARY 2015

Application for approval of the ASP Ship Management Pty Ltd Seagoing Ratings Enterprise Agreement (RTM) 2012.

[1] An application has been made for approval of an enterprise agreement known as the ASP Ship Management Pty Ltd Seagoing Ratings Enterprise Agreement (RTM) 2012 (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] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application to 30 January 2015.

[3] 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.

[4] The agreement does not contain a consultation provision in the terms of s.205 of the Act. 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, and will be appended to the Agreement.

[5] The Agreement does not contain a flexibility clause. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and will be appended to the Agreement.

[6] 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.

[7] The Agreement was approved in Chambers on 20 February 2015 and, in accordance with s.54 of the Act, will operate from 27 February 2015. The nominal expiry date of the Agreement is 31 July 2016.

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