ASP Ship Management Pty Ltd

Case

[2023] FWCA 413

9 FEBRUARY 2023


[2023] FWCA 413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ASP Ship Management Pty Ltd

(AG2023/106)

ASP SHIP MANAGEMENT/RV INVESTIGATOR OFFICERS ENTERPRISE AGREEMENT 2021

Maritime industry

COMMISSIONER JOHNS

MELBOURNE, 9 FEBRUARY 2023

Application for approval of the ASP Ship Management/RV Investigator Officers Enterprise Agreement 2021

  1. An application has been made for approval of an enterprise agreement known as the ASP Ship Management/RV Investigator Officers 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 Australian Maritime Officers’ Union and the Australian Institute of Marine and Power Engineers being bargaining representatives for the Agreement, have 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.

  1. Noting that the deductions at clause 54.9.2 of the Agreement may be unenforceable, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2023. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

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