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

Annexure A

CaseChat Overview and Summary

Carpentaria Management Services Pty Ltd applied to the Fair Work Commission for approval of the Carpentaria Management Services MUA Enterprise Agreement 2018. The application involved the consideration of various aspects of the proposed agreement, including its compliance with the relevant legislative framework and its fairness to the employees and the employer. The Commission was tasked with ensuring that the agreement met the necessary standards and did not unfairly disadvantage either party.

The legal issues that the Commission had to address included whether the agreement was genuinely a product of negotiations between the employer and the employees, and whether it contained the mandatory terms and conditions as required by the Fair Work Act 2009. Additionally, the Commission needed to consider whether the agreement provided for the proper operation of the enterprise and if it was in the best interests of the employees. The fairness and reasonableness of the terms of the agreement, particularly concerning wages, hours of work, and other conditions, were also scrutinized.

The Fair Work Commission examined the evidence provided by both parties and determined that the proposed agreement was genuinely negotiated and met the mandatory requirements under the Fair Work Act 2009. The Commission found that the agreement contained all the necessary terms and conditions and was fair and reasonable for the employees and the employer. The agreement was considered to be in the best interests of the employees and provided for the proper operation of the enterprise. As a result, the Commission approved the Carpentaria Management Services MUA Enterprise Agreement 2018.

Carpentaria Management Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established