ASP Ship Management Pty Ltd

Case

[2022] FWCA 903

15 MARCH 2022


[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

  1. 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. 

  1. 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.

  1. 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.

  1. 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

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