ASP Ship Management Pty Ltd Summary

[2013] FWCA 4507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2013/6132)

ASP SHIP MANAGEMENT PTY LTD - AMOU BUNKER-TANKER W.A. GREENFIELDS ENTERPRISE AGREEMENT 2013

Maritime industry
COMMISSIONER JOHNS	MELBOURNE, 10 JULY 2013

Application for approval of the ASP Ship Management Pty Ltd - AMOU Bunker-Tanker W.A. Greenfields Enterprise Agreement 2013.

[1] On 22 April 2013 ASP Ship Management Pty Ltd made an application for approval of the ASP Ship Management Pty Ltd - AMOU Bunker-Tanker W.A. Greenfields Enterprise 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 greenfields agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Australian Maritime Officers’ Union (AMOU) which I note will be covered by the Agreement.

[4] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s. 187(5)(a) of the Act, I am satisfied that the AMOU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 17 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, ASP Ship Management Pty Ltd, sought approval of an enterprise agreement made with the respondent, AMOU Bunker-Tanker W.A. Greenfields Enterprise Agreement 2013. The agreement was made between the employer and the union, Maritime Union of Australia, representing the employees. The dispute centred on the fairness and compliance of the agreement with the relevant industrial legislation.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding the procedural fairness in its making and whether it contained the necessary provisions to be considered a valid enterprise agreement. Specifically, the Commission needed to determine if the agreement had been made in accordance with the prescribed process and if it contained the 'pay and conditions' and 'additional terms' as required by the legislation.

The Commission found that the agreement had been made following a process that satisfied the procedural fairness requirements. The union had provided sufficient information to the employees, and there had been an opportunity for them to discuss and seek clarification on the terms of the agreement. Furthermore, the agreement contained all the necessary 'pay and conditions' and 'additional terms' provisions, making it compliant with the Fair Work Act. Consequently, the Commission approved the agreement, recognising it as a valid enterprise agreement under the Act.

The Commission ordered the approval of the AMOU Bunker-Tanker W.A. Greenfields Enterprise Agreement 2013, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would govern the employment of the employees covered by the agreement.

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