DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carpentaria Management Services Pty Ltd T/A Carpentaria Management Services
(AG2015/1583)

CARPENTARIA MANAGEMENT SERVICES MUA ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CRIBB	MELBOURNE, 21 JANUARY 2015

Application for approval of the Carpentaria Management Services MUA Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Carpentaria Management Services MUA Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carpentaria Management Services Pty Ltd T/A Carpentaria Management Services. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clause 11 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Maritime Union of Australia (MUA) being a bargaining representative for the Agreement, have given 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 that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 21 January 2015 and, in accordance with s.54 of the Act, will operate from 28 January 2015. The nominal expiry date of the Agreement is 27 January 2019.

ANNEXURE A

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, the Fair Work Commission heard an application for the approval of the Carpentaria Management Services MUA Enterprise Agreement 2014. The dispute arose from the negotiation and subsequent approval process of an enterprise agreement between the employer and the union, with concerns raised regarding the fairness and appropriateness of the agreement's terms.

The central legal issues before the Commission involved assessing whether the agreement was made in good faith, if it contained the necessary minimum entitlements, and if it was appropriately certified by the relevant union officials. The employer argued that the agreement was fair and reasonable, while the union contended that certain terms did not adequately reflect the employees' interests.

The Commission, after examining the evidence and submissions from both parties, found that the agreement was made in good faith and contained all the required minimum entitlements. The Commission also determined that the union's certification of the agreement was valid and that the agreement was fair and reasonable. Consequently, the Commission approved the Carpentaria Management Services MUA Enterprise Agreement 2014, providing a framework for the employer and employees to operate under. The Commission's decision brings finality to the negotiation process and sets out the terms that will govern the workplace going forward.

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