DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Carpentaria Management Services Pty Ltd T/A Carpentaria Management Services
(AG2020/1968)

CARPENTARIA MANAGEMENT SERVICES PTY LTD AMOU AND AIMPE ENTERPRISE AGREEMENT 2018

Maritime industry
COMMISSIONER BOOTH	BRISBANE, 3 AUGUST 2020

Application for approval of the Carpentaria Management Services Pty Ltd AMOU and AIMPE Enterprise Agreement 2018.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Carpentaria Management Services Pty Ltd T/A Carpentaria Management Services (the Applicant) for approval of the Carpentaria Management Services Pty Ltd AMOU and AIMPE Enterprise Agreement 2018 (the Agreement). The Agreement is a single enterprise agreement.

[2] The matter was listed for eHearing on 30 July 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard on 3 August 2020. No parties contacted my Chambers.

[3] On the material filed, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Australian Maritime Officers’ Union (the AMOU) and the Australian Institute of Marine and Power Engineers (the AIMPE) filed Form F18s in this matter, advising that they support approval of the Agreement by the Commission, and providing notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the AMOU and the AIMPE.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 10 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Carpentaria Management Services Pty Ltd trading as Carpentaria Management Services, an application was made to the Fair Work Commission for the approval of the Enterprise Agreement 2018. The applicant, Carpentaria Management Services, sought to have the agreement, which was negotiated with the AIMPE Union, formally recognised and enforced. The AIMPE Union represented the interests of the employees who were covered by the agreement.

The primary legal issue before the Commission was whether the agreement met the criteria set out in the Fair Work Act 2009 for approval. This involved assessing whether the agreement was made in good faith, whether it was genuinely an enterprise agreement, and whether it contained the minimum terms and conditions required by the Act. The Commission also considered the process by which the agreement was negotiated and whether it was done so fairly and in accordance with the relevant provisions of the Act.

The Fair Work Commission found that the application met the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith, was genuinely an enterprise agreement, and contained all the required minimum terms and conditions. The process of negotiation was also deemed to be fair and compliant with the Act. Therefore, the Commission approved the Carpentaria Management Services Pty Ltd AMOU and AIMPE Enterprise Agreement 2018.

Carpentaria Management Services Pty Ltd T/A Carpentaria Management Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established