s.739 - Dispute resolution

Australian Institute of Marine and Power Engineers

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

• [1] 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.

• [2] 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.

Question 1: Does the ASP Ship Management / TT-Line Fleet Officers Enterprise Agreement 2021 (the Agreement) apply to employees on Spirit of Tasmania IV?

Question 2: Have steps 1 and 2 of the Dispute Settlement Procedure at clause 11 of the Agreement been followed?

Question 3: Is the imposition of a ban on alcohol on board the Spirit of Tasmania IV inconsistent with clause 60 of the Agreement?

• [4] The reasons for my decision will follow.

Printed by authority of the Commonwealth Government Printer