Application for approval of the ASP Ship Management - King Island Cargo Enterprise Agreement 2025

[1] ASP Ship Management Pty Ltd (ABN: 81 080 401 949) has applied for approval of an enterprise agreement known as the ASP Ship Management - King Island Cargo Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] The Employer has provided written undertakings. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement does not contain a flexibility term that meets the requirements of the Act. Under s 202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[7] The agreement's delegates rights term in clause 22 is less favourable than the term in the award because it

• defines 'eligible employees' rather than eligible workers

• states the delegate may communicate with employees 'for the purpose of representing their industrial interests'

• states a delegate's entitlements are subject to conditions, such compliance with duties and obligations as an employee and the employers' reasonable policies and procedures, and to not hinder, obstruct or prevent the normal performance of work or exercise of freedom of association of eligible employees

[8] Under s 205A(2) of the Act, the workplace delegates' rights term in Clause 25A of the Seagoing Industry Award 2020 is taken to be a term of the Agreement.

[9] The Construction, Forestry and Maritime Employees Union (MUA), Australian Institute of Marine and Power Engineers (AIMPE) and the Australian Maritime Officers' Union (AMOU) lodged Form F18 statutory declarations giving 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 the Agreement covers the unions.

[10] The Agreement is approved and, in accordance with s 54 of the Act but despite clause 3.3.1, will operate from 4 March 2026.

[11] In accordance with clause 3.3.1, the nominal expiry date of the Agreement is 12 September 2028.

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