ASP Ship Management Pty Ltd Summary

[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

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.

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 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.

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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CaseChat Overview and Summary

ASP Ship Management Pty Ltd applied to the Fair Work Commission for approval of the ASP Ship Management/RV Investigator Officers Enterprise Agreement 2021. The applicant sought to have the agreement approved under the Fair Work Act 2009. The nature of the dispute was whether the enterprise agreement complied with the relevant legislative requirements for approval. The applicant argued that the agreement met all necessary conditions, while no objections were raised by any party.

The legal issues before the Commission involved determining whether the enterprise agreement complied with the Fair Work Act, specifically whether it was a simple or low-paid enterprise agreement and whether it met the good faith bargaining requirement. The Commission had to consider the provisions of the agreement, the process by which it was negotiated, and whether any party had objections. The primary focus was on ensuring that the agreement was fair and reasonable, and that it was negotiated in good faith.

The Commission found that the enterprise agreement was a low-paid agreement as it applied to employees earning less than $120,000 per year. Given that no objections were received, the Commission proceeded to assess the agreement's compliance with the legislative requirements. The Commission determined that the agreement was negotiated in good faith and met all necessary conditions for approval. The agreement was considered fair and reasonable, covering terms and conditions of employment that were not less favourable than the applicable award or the general industrial law. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the ASP Ship Management/RV Investigator Officers Enterprise Agreement 2021, finding it met all legislative requirements and was fair and reasonable. The Commission confirmed that the agreement was a low-paid agreement, negotiated in good faith, and did not receive any objections. As such, it was approved under section 234 of the Fair Work Act.

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