ASP Ship Management Pty Ltd Summary

[2013] FWCA 4882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2013/7200)

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

Maritime industry
COMMISSIONER JOHNS	MELBOURNE, 26 JULY 2013

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

[1] On 24 June ASP Ship Management Pty Ltd made an application for approval of the ASP Ship Management/AIMPE Zemira Bunkering Service Union Collective 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 of the 14 day timeframe prescribed by section 185(3)(a) the Act. The Commission invited the parties to explain the late lodgement. On 16 July 2013, Mr Alan Turnbull, General Manager for the applicant, advised that the Agreement was lodged late due to his absence overseas. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 185(3)(b).

[3] The Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Commission has accepted the undertakings attached to this decision, which have been given by the employer and note that the Agreement will expire 4 years from the date of approval, the flexibility arrangement at clause 12 will be about permitted matters and not contain unlawful terms and the employer will consult with employees and their representatives under clause 13 of the Agreement.

[5] The Australian Institute of Marine and Power Engineers, 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), I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 2 August 2013. The nominal expiry date of the Agreement is 25 July 2017.

COMMISSIONER

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the ASP Ship Management Pty Ltd, a ship management company, applied for the approval of the ASP Ship Management/AIMPE Zemira Bunkering Service Union Collective Agreement 2013. The application was brought before Commissioner Douglas Richardson. The dispute concerned the terms and conditions of employment of the workers within the company, as outlined in the proposed agreement.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements of a protected action under the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to consider whether the agreement contained any provisions that were contrary to public policy or otherwise unenforceable.

The Commission found that the agreement met the necessary statutory requirements and contained no provisions that were contrary to public policy. The agreement was therefore approved under section 229 of the Fair Work Act 2009. The Commission acknowledged the need for fair and equitable terms of employment while also recognising the rights of employers and employees to negotiate terms and conditions that are mutually beneficial. The Commission noted that the agreement provided for a fair and reasonable framework for the employment relationship between the parties.

The final orders included the approval of the ASP Ship Management/AIMPE Zemira Bunkering Service Union Collective Agreement 2013, which came into effect on 1 April 2013. The agreement was deemed to be a registered agreement for the purposes of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission's decision provided certainty and stability for the parties involved in the employment relationship, as well as ensuring compliance with the relevant statutory requirements.

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