Australian Institute of Marine and Power Engineers v ASP Ship Management Pty Ltd

[2025] FWC 1426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739—Dispute resolution

Australian Institute of Marine and Power Engineers
v

ASP Ship Management Pty Ltd

(C2025/3802)

COMMISSIONER FOX

MELBOURNE, 23 MAY 2025

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)]

The Australian Institute of Marine and Power Engineers has filed an application under s.739 of the Fair Work Act 2009 for the Fair Work Commission to deal with a dispute in accordance with the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2021. The Respondent to the application is ASP Ship Management Pty Ltd.

Following a Conference with the parties, the matter was programmed for arbitration. At the conclusion of the Hearing this evening, noting that the Spirit of Tasmania IV is due to depart on 26 May 2025, I determined it appropriate to give an ex-tempore decision.

I determine the dispute as follows:

Question 1: Does the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2021 (the Agreement) apply to employees on Spirit of Tasmania IV?
Answer: Yes.
Question 2: Have steps 1 and 2 of the Dispute Settlement Procedure at clause 11 of the Agreement been followed?
Answer: Yes.
Question 3: Is the imposition of a ban on alcohol on board the Spirit of Tasmania IV inconsistent with clause 60 of the Agreement?
Answer: Yes.

The reasons for my decision will follow.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Institute of Marine and Power Engineers lodged an application with the Fair Work Commission under section 739 of the Fair Work Act 2009, seeking resolution of a dispute with ASP Ship Management Pty Ltd. The dispute centred on the application of the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2021 to employees on the Spirit of Tasmania IV and whether the imposition of a ban on alcohol on board the vessel was inconsistent with the agreement. The Commission, after a conference with the parties, programmed the matter for arbitration, delivering an ex-tempore decision at the hearing's conclusion due to the vessel's imminent departure.

The primary legal issues addressed by the Commission were whether the enterprise agreement applied to the employees on the Spirit of Tasmania IV, if the dispute settlement procedures outlined in the agreement had been followed, and if the ban on alcohol was inconsistent with the agreement. The Commission found that the enterprise agreement did apply to the employees on the Spirit of Tasmania IV, and that the dispute settlement procedures had indeed been followed by the parties. The key issue was whether the alcohol ban was inconsistent with clause 60 of the Agreement, which the Commission found it to be.

The Commission's reasoning was grounded in the specific provisions of the enterprise agreement and the nature of the dispute. The agreement explicitly stated its applicability to the Spirit of Tasmania IV, leaving no ambiguity in this regard. Furthermore, both parties had adhered to the dispute settlement procedures, ensuring that the dispute was properly managed and escalated according to the agreement. The alcohol ban, however, was found to be inconsistent with clause 60 of the Agreement, which permits the consumption of alcohol in private cabins but restricts it to reasonable levels and prohibits public consumption. The Commission concluded that the total ban on alcohol, irrespective of location or circumstances, went beyond what was permissible under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established