ASP Ship Management Pty Ltd T/A ASP Ship Management Pty Ltd Summary

[2022] FWCA 1969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ASP Ship Management Pty Ltd T/A ASP Ship Management Pty Ltd

(AG2022/1115)

ASP Ship Management Pty Ltd Seagoing Integrated Ratings and Caterers Enterprise Agreement 2021

Maritime industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 JUNE 2022

Application for approval of the ASP Ship Management Pty Ltd Seagoing Integrated Ratings and Caterers Enterprise Agreement 2021

ASP Ship Management Pty Ltd T/A ASP Ship Management Pty Ltd (the Applicant/ Employer) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the ASP Ship Management Pty Ltd Seagoing Integrated Ratings and Caterers 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 F16 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 ss.186(3) and (3A), and based on the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

The Construction, Forestry, Maritime, Mining and Energy Union (The Maritime Union of Australia Division) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this Organisation.

The Agreement is approved in accordance with s.54 of the Act and will operate from 23 June 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

ASP Ship Management Pty Ltd T/A ASP Ship Management Pty Ltd applied to the Fair Work Commission for approval of the ASP Ship Management Pty Ltd Seagoing Integrated Ratings and Caterers Enterprise Agreement 2021. The application was made under section 185 of the Fair Work Act 2009. The applicant sought to have the Agreement approved, which would cover a specific group of its employees. The Construction, Forestry, Maritime, Mining and Energy Union (The Maritime Union of Australia Division), acting as a bargaining representative, indicated its desire for the Agreement to cover its members.

The central legal issue was whether the application met the requirements set out in sections 186, 187, and 188 of the Fair Work Act 2009. This involved determining if the Agreement was fairly chosen and if it met the necessary conditions for approval. The Deputy President reviewed the information provided in the application, employer declarations, and responses to requests for further information. The Deputy President also considered the involvement of the bargaining representative.

The Deputy President found that the application met the statutory requirements for approval of the Agreement. The Agreement was not comprehensive for all employees but was fairly chosen as per sections 186(3) and (3A) of the Act. The Maritime Union of Australia Division had also notified its desire for the Agreement to cover its members, which aligned with the statutory framework. The Deputy President approved the Agreement under section 54 of the Fair Work Act 2009, setting its operational date from 23 June 2022, with a nominal expiry date of 31 July 2025.

ASP Ship Management Pty Ltd T/A ASP Ship Management Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established