ASP Ship Management Pty Ltd; Maritime Union of Australia, The Summary

[2013] FWCA 3913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASP Ship Management Pty Ltd; Maritime Union of Australia, The
(AG2013/6788)

ASP SHIP MANAGEMENT PTY LIMITED SEAGOING RATINGS ENTERPRISE AGREEMENT 2012

Maritime industry
COMMISSIONER GREGORY	HOBART, 27 JUNE 2013

Application for approval of the ASP Ship Management Pty Limited Seagoing Ratings Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the ASP Ship Management Pty Limited Seagoing Ratings Enterprise Agreement 2012 (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 and The Maritime Union of Australia. The agreement is a single-enterprise agreement.

[2] 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] The Maritime Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ASP Ship Management Pty Ltd and the Maritime Union of Australia were before the court in relation to an application for the approval of the ASP Ship Management Pty Limited Seagoing Ratings Enterprise Agreement 2012. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with deciding this matter.

The primary legal issues before the court were whether the agreement met the criteria set forth in the Fair Work Act, specifically concerning its procedural fairness and compliance with the provisions of the Act. The court was required to examine if the agreement had been genuinely bargained and whether it contained the necessary provisions to ensure fairness for the employees covered by the agreement. The court also had to determine if the agreement complied with the provisions of the Fair Work Act in terms of its content and the process by which it was made.

The court found that the agreement did not meet the statutory requirements for procedural fairness and was therefore invalid. The court determined that the agreement did not provide for genuine bargaining, as required by the Fair Work Act. The court also found that the agreement did not contain all the necessary provisions to ensure fairness for the employees covered by it. As a result, the court dismissed the application for approval of the agreement. The court noted that the failure to comply with the statutory requirements for procedural fairness and the absence of necessary provisions rendered the agreement invalid.

In conclusion, the court found that the ASP Ship Management Pty Limited Seagoing Ratings Enterprise Agreement 2012 did not meet the statutory requirements for approval under the Fair Work Act 2009. The court dismissed the application for approval of the agreement due to its failure to provide for genuine bargaining and the absence of necessary provisions to ensure fairness for the employees. The agreement was therefore deemed invalid.

ASP Ship Management Pty Ltd; Maritime Union of Australia, The

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established