ASP Ship Management Pty Ltd

[2020] FWCA 5027

[2020] FWCA 5027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd
(AG2020/2484)

ASP SHIP MANAGEMENT AIMPE FREMANTLE BUNKERING FACILITY AGREEMENT 2020

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 SEPTEMBER 2020

Application for approval of the ASP Ship Management AIMPE Fremantle Bunkering Facility Agreement 2020.

[1] ASP Ship Management Pty Ltd has made an application for the approval of an enterprise agreement known as the ASP Ship Management AIMPE Fremantle Bunkering Facility Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Clause 12.2 relates to the employee deductions. Any application of this clause could be inconsistent with the Act and unenforceable. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved, and it does not represent a barrier to the approval of the Agreement.

[4] The Australian Institute of Marine and Power Engineers (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act they want the Agreement to cover it. In accordance with s 201(2), and based on the statutory declarations provided by the organisation, I note that the organisation is covered by the Agreement.

[5] The Agreement was approved on 18 September 2020 and, in accordance with s 54, will operate from 25 September 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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