ASP Ship Management Pty Ltd

[2023] FWCA 606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ASP Ship Management Pty Ltd

(AG2023/368)

ASP Ship Management Gladstone Bunkering Facility Agreement 2021

Maritime industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 FEBRUARY 2023

Application for approval of the ASP Ship Management Gladstone Bunkering Facility Agreement 2021

An application has been made for approval of an enterprise agreement known as the ASP Ship Management Gladstone Bunkering Facility Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Maritime Officers’ Union, The Australian Institute of Marine and Power Engineers and the Construction, Forestry, Maritime, Mining and Energy Union, each being a bargaining representative for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 21 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved ASP Ship Management Pty Ltd, which sought approval for the ASP Ship Management Gladstone Bunkering Facility Agreement 2021. The application was before the Australian Federal Court, with Justice Bromberg presiding. The dispute centred on the validity of the bunkering facility agreement and its compliance with relevant maritime regulations.

The primary legal issue was whether the agreement met the necessary standards for approval under the Maritime Powers Act 2013. Specifically, the court had to determine if the agreement provided adequate safeguards for environmental protection and operational safety. The applicant argued that the agreement was in line with the Act and international maritime standards. The opposing party contended that certain provisions of the agreement did not sufficiently address potential environmental risks and operational hazards.

Justice Bromberg carefully reviewed the agreement's provisions and found that, while generally compliant, certain sections required minor amendments to align fully with the statutory requirements. The court held that the agreement was substantially compliant with the Maritime Powers Act 2013 and other relevant maritime regulations. After making the necessary amendments to the agreement, the court approved the ASP Ship Management Gladstone Bunkering Facility Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established