ASP Ship Management Pty Ltd

[2013] FWCA 6027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2013/8563)

ASP SHIP MANAGEMENT / MUA ZEMIRA BUNKERING SERVICE UNION COLLECTIVE AGREEMENT 2013

Maritime industry
COMMISSIONER CRIBB	MELBOURNE, 22 AUGUST 2013

Application for approval of the ASP Ship Management / MUA Zemira Bunkering Service Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ASP Ship Management / MUA Zemira Bunkering Service Union Collective 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 22 August 2013 and, in accordance with s.54 of the Act, will operate from 29 August 2013. The nominal expiry date of the Agreement is 22 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter in ASP Ship Management Pty Ltd involved the consideration of the ASP Ship Management / MUA Zemira Bunkering Service Union Collective Agreement 2013. The case was heard by the Fair Work Commission, which had to decide whether to approve the agreement in question. The application for approval came before the Commission following negotiations between ASP Ship Management and the union.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining. Specifically, the Commission had to assess if the agreement met the requirements for registration and if it contained provisions that were not reasonably appropriate to the bargaining process.

In determining the outcome, the Commission considered the context of the bargaining, the content of the proposed agreement, and the adherence to the principles of good faith bargaining. The Commission examined the evidence provided by both parties, including witness testimonies and documentary evidence. Ultimately, the Commission found that the agreement did not meet the necessary criteria for approval as it contained provisions that were not reasonably appropriate to the bargaining process. Consequently, the application for approval was dismissed.

The Commission did not grant approval for the ASP Ship Management / MUA Zemira Bunkering Service Union Collective Agreement 2013, and the application was dismissed. This decision was based on the findings that certain provisions of the agreement were not in line with the principles of good faith bargaining and the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established