Carpentaria Management Services Pty Ltd

[2019] FWCA 5690

[2019] FWCA 5690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carpentaria Management Services Pty Ltd
(AG2019/2432)

CARPENTARIA MANAGEMENT SERVICES MUA ENTERPRISE AGREEMENT 2018

Maritime industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 15 AUGUST 2019

Application for approval of the Carpentaria Management Services MUA Enterprise Agreement 2018.

[1] Carptenteria Management Services Pty Ltd has applied for approval of a single enterprise agreement known as the Carpenteria Management Services MUA Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] After the application was made, the Applicant sought to correct a typographical error at clause 1 of the Agreement. In the circumstances, I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Also since the application was made, concerns were raised in relation to the operative date of the Agreement, whether the Agreement excludes the National Employment Standards in the Act (NES) and contains an unlawful term.

[4] Written undertakings were given to address concerns, in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representative did not oppose the Undertakings.

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

[6] Further information was provided in relation to the default superannuation fund and I am satisfied that the default fund is not an unlawful term within the meaning of s.194(h) of the Act.

[7] On the basis of the material contained in the application, further information provided on request of the Commission and having regard to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[8] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[9] The Agreement was approved on 15 August 2019 and, in accordance with s.54, will operate from 22 August 2019. The nominal expiry date of the Agreement is 15 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504898 PR711366>

Annexure A