ASP Ship Management Pty Ltd

[2023] FWCA 777

[2023] FWCA 777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ASP Ship Management Pty Ltd

(AG2023/442)

The ASP Ship Management Pty Ltd Seagoing Ratings (RV Investigator) Enterprise Agreement 2021

Maritime industry
COMMISSIONER LEE	MELBOURNE, 10 MARCH 2023

Application for approval of The ASP Ship Management Pty Ltd Seagoing Ratings (RV Investigator) Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as The ASP Ship Management Pty Ltd Seagoing Ratings (RV Investigator) Enterprise Agreement 2021 (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.

1. 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.

1. The Construction, Forestry, Maritime, Mining and Energy Union 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 the organisation.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 43.1.1(b) – Notice – permanent employees.

·   Clause 43.1.1(e)(iii) – Notice – permanent employees.

However, noting clause 6.8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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