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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was between ASP Ship Management Pty Ltd, the applicant, and the Australian Marine Safety Authority (AMSA), the respondent. The matter involved the approval of the ASP Ship Management AIMPE Fremantle Bunkering Facility Agreement 2020. This agreement pertains to the operations of a bunkering facility at the Port of Fremantle, which involves the supply and handling of marine fuel for vessels. The applicant sought the court's approval under the relevant maritime legislation, asserting that the proposed facility would comply with all safety and environmental standards.

The primary legal issue before the court was whether the proposed bunkering facility would meet the stringent safety and environmental requirements set out in the maritime legislation. The court was tasked with evaluating the facility's compliance with these statutory obligations and determining if the proposed operations would pose any undue risks to maritime safety or the environment. Additionally, the court considered whether the applicant had provided sufficient evidence to demonstrate that the facility would operate in accordance with the established guidelines and protocols.

In reaching its decision, the court meticulously reviewed the documentation and evidence provided by the applicant, including safety plans, environmental impact assessments, and operational procedures. The court found that the applicant had sufficiently addressed the safety and environmental concerns, and had proposed measures that aligned with the statutory requirements. Consequently, the court concluded that the facility would operate in a manner that would not compromise maritime safety or the environment, and approved the bunkering facility agreement. The court's decision was based on the applicant's comprehensive approach to risk management and its commitment to adhering to regulatory standards.

The court's final order was the approval of the ASP Ship Management AIMPE Fremantle Bunkering Facility Agreement 2020, permitting the applicant to proceed with the establishment and operation of the bunkering facility at the Port of Fremantle, subject to ongoing compliance with the maritime safety and environmental regulations.

ASP Ship Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established