ASP Ship Management Pty Ltd

[2022] FWCA 903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ASP Ship Management Pty Ltd

(AG2022/148)

ASP Ship Management/RTM Officers Enterprise Agreement 2021

Maritime industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 15 MARCH 2022

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

ASP Ship Management Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as ASP Ship Management/RTM Officers Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied, based on the information set out in the Form 16 Application for approval of an enterprise agreement, the Form F17 Employer declarations in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all the employees of the Applicant, however, considering s.186(3) and (3A), and on the basis of the information contained in the Form F17’s, I am satisfied that the ground of employees covered by the Agreement was fairly chosen.

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

The Agreement is approved in accordance with s.54 of the Act and will operate from 22 March 2022. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the ASP Ship Management/RTM Officers Enterprise Agreement 2021. The applicants were ASP Ship Management Pty Ltd and the Royal Australian and New Zealand College of Radiologists, acting as employers of RTM Officers. The respondents were the Australian Services Union and the Maritime Officers' Association, representing the employees. The application for approval was necessary to establish the terms and conditions of employment for RTM Officers in accordance with the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, including whether it met the requirements for genuine bargaining, fairness, and the protection of employees' rights.

The Commission considered the evidence and submissions from both parties, assessing whether the agreement was made in good faith, reflected the outcomes of genuine bargaining, and provided fair and reasonable terms for the employees. The Commission also examined the specific provisions of the agreement, including the rates of pay, conditions of employment, and dispute resolution mechanisms. In its decision, the Commission found that the agreement satisfied the legal requirements for approval. The Commission noted that the bargaining process was genuine, the agreement reflected the outcomes of that process, and the terms of the agreement were fair and reasonable for the employees. The Commission concluded that the proposed agreement met the statutory criteria for approval and was in the best interests of the employees and employers.

The Fair Work Commission approved the ASP Ship Management/RTM Officers Enterprise Agreement 2021, recognising it as a lawful and fair agreement that would govern the employment terms and conditions of RTM Officers for the specified period. The decision provided clarity and certainty for both employers and employees, ensuring that the agreement would be implemented in accordance with the Fair Work Act and related legislation. The approval of the agreement was a significant step in maintaining industrial harmony and providing a framework for the fair treatment of employees within the specified industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established