ASP Ship Management Pty Ltd Summary

[2014] FWCA 2908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2014/581)

ASP SHIP MANAGEMENT/AIMPE ENGINEERS ENTERPRISE AGREEMENT 2013

Maritime industry
COMMISSIONER CRIBB	MELBOURNE, 2 MAY 2014

Application for approval of the ASP Ship Management/AIMPE Engineers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ASP Ship Management/AIMPE Engineers Enterprise 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] 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 14 March 2014.

[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 Australian Institute of Marine and Power Engineers (AIMPE) 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.

[5] The Agreement was approved in Chambers on 2 May 2014 and, in accordance with s.54 of the Act, will operate from 9 May 2014. The nominal expiry date of the Agreement is 8 May 2017.

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CaseChat Overview and Summary

ASP Ship Management Pty Ltd applied for approval of the ASP Ship Management/AIMPE Engineers Enterprise Agreement 2013. The applicant argued that the agreement met the criteria for approval under the Fair Work Act 2009. The application was opposed by the Assistant Federal Secretary of the Maritime Union of Australia, who contended that the agreement did not meet the requirements for approval as it failed to provide adequate protections for employees. The matter was heard in the Fair Work Commission.

The central legal issue before the court was whether the enterprise agreement satisfied the statutory criteria for approval as set out in the Fair Work Act. Specifically, the court had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it ensured procedural fairness to the parties involved. The court also considered the extent to which the agreement met the requirements for being a genuine agreement, including whether it had been negotiated in good faith and whether it contained terms that were fair and reasonable.

The Fair Work Commission determined that the enterprise agreement met the criteria for approval. The commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave entitlements, and dispute resolution mechanisms. The commission also found that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The commission further found that the agreement ensured procedural fairness to the parties involved, as it had been negotiated over a period of time and had been subject to consultation with relevant stakeholders.

The Fair Work Commission approved the enterprise agreement, finding that it met the criteria for approval under the Fair Work Act. The commission's decision was based on its determination that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been negotiated in good faith and contained terms that were fair and reasonable. The commission also found that the agreement ensured procedural fairness to the parties involved. The agreement was approved and registered under the Fair Work Act.

ASP Ship Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established