DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carpentaria Management Services Pty Ltd T/A Carpentaria Management Services
(AG2014/9581)

CARPENTARIA MANAGEMENT SERVICES PTY LTD AMOU AND AIMPE ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER CRIBB	MELBOURNE, 16 DECEMBER 2014

Application for approval of the Carpentaria Management Services Pty Ltd AMOU and AIMPE Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Carpentaria Management Services Pty Ltd AMOU and AIMPE 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] 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.

[3] The Australian Maritime Officers’ Union (AMOU), The Australian Institute of Marine and Power Engineers (AIMPE) and The Maritime Union of Australia (MUA) being bargaining representatives 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 organisations.

[4] The Agreement was approved in Chambers on 16 December 2014 and, in accordance with s.54 of the Act, will operate from 23 December 2014. The nominal expiry date of the Agreement is 22 December 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Carpentaria Management Services Pty Ltd, trading as Carpentaria Management Services, and was heard by the Fair Work Commission. The dispute centred around the application for approval of the Carpentaria Management Services Pty Ltd Australian Maritime Officers’ Union and Australian Industrial Maintenance and Engineering Enterprise Agreement 2014. The applicant, Carpentaria Management Services, sought to have the enterprise agreement approved by the Commission, which would enable the agreement to be registered with the Australian Industrial Relations Commission. The application was made under section 232 of the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act. Key considerations included whether the agreement complied with the procedural fairness requirements, whether it adhered to the good faith obligations, and whether it contained terms that were fair and reasonable. The Commission also needed to assess if the agreement had been genuinely negotiated and if the process was fair and reasonable. Additionally, the Commission examined whether the agreement provided for appropriate dispute resolution mechanisms and whether it complied with any relevant minimum standards set out in the Fair Work Act.

In making its decision, the Fair Work Commission considered the evidence and submissions presented by both parties. The Commission noted that the application for approval of the enterprise agreement was made in accordance with the Fair Work Act. It found that the agreement had been genuinely negotiated between the employer and the union, and that the process was fair and reasonable. The Commission also determined that the terms of the agreement were fair and reasonable and did not contravene any relevant minimum standards. Furthermore, the Commission was satisfied that the agreement contained appropriate dispute resolution mechanisms. Therefore, the Commission approved the enterprise agreement, enabling it to be registered with the Australian Industrial Relations Commission.

The final orders of the Commission included the approval of the Carpentaria Management Services Pty Ltd Australian Maritime Officers’ Union and Australian Industrial Maintenance and Engineering Enterprise Agreement 2014. The agreement was to be registered with the Australian Industrial Relations Commission, and the Commission declared that the agreement would have effect as a registered agreement under the Fair Work Act. The decision provided clarity for the parties involved and ensured that the enterprise agreement could be implemented in accordance with the legal requirements set out in the Fair Work Act.

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