ASP Ship Management Pty Ltd

[2023] FWCA 1213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ASP Ship Management Pty Ltd

(AG2023/1055)

ASP SHIP MANAGEMENT / TT-LINE FLEET OFFICERS ENTERPRISE AGREEMENT 2021

Maritime industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 28 APRIL 2023

Application for approval of the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by ASP Ship Management Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Australian Maritime Officers’ Union and the Australian Institute of Marine and Power Engineers, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 May 2023. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2021. The applicant, ASP Ship Management, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The agreement in question pertained to the employment terms and conditions of fleet officers within the TT-Line fleet, managed by ASP Ship Management. The dispute centred around whether the agreement met the necessary legal standards for registration, including the requirement that it provided for the "best interests of the employees" as mandated by the Act.

The primary legal issues that the Commission had to address were whether the agreement complied with the formal requirements set out in the Fair Work Act and whether it provided for the best interests of the employees. This included scrutinising the agreement to ensure it covered essential safety and health provisions, minimum wages and conditions, and other fundamental employee protections. Additionally, the Commission considered whether the agreement was genuinely made between the employer and the employees, and whether it met the standards of procedural fairness.

In deliberating on these issues, the Commission examined the evidence presented by both parties. It found that the agreement was comprehensive in covering all the necessary aspects required by the Act and that it provided fair and reasonable terms for the employees. The Commission concluded that the agreement was made in good faith and met the standards for procedural fairness. The Commission was satisfied that the agreement provided for the best interests of the employees, taking into account the specific circumstances and needs of the workforce. Consequently, the Commission approved the agreement, and it was registered under the Fair Work Act.

The final orders of the Commission included the registration of the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2021, effective from the date of the decision. This registration meant that the agreement would govern the employment terms and conditions of the fleet officers within the TT-Line fleet, managed by ASP Ship Management, until superseded by a new agreement or terminated in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established