Marapikurrinya Marine Pty Ltd

[2025] FWCA 2370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Marapikurrinya Marine Pty Ltd

(AG2025/2145)

MARAPIKURRINYA MARINE AND MUA NORTH WEST INSHORE AGREEMENT 2025

Maritime industry
COMMISSIONER LIM	PERTH, 18 JULY 2025

Application for approval of the Marapikurrinya Marine and MUA North West Inshore Agreement 2025.

Marapikurrinya Marine Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Marapikurrinya Marine and MUA North West Inshore Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

This greenfields agreement meets the requirements of s 172(2)(b) of the Act. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186 and s 187 of the Act as are relevant to this application for approval have been met.

In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union (CFMEU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

(a)Clause 9.7 provides a mechanism for the employer to terminate the employee when they have abandoned their employment. It states that in the event an employee is absent from work for two consecutive working days without notifying the company, the employee has abandoned their employment, and the employer may terminate their employment. In light of the decision in Bienias v Iplex Pipelines Australia Pty Limited[2017] FWCFB 38 at [58], it is unclear whether the employer has allowed the employee time to respond (or provide notice of termination).

However, I am satisfied that with the undertaking provided by the Applicant for the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

Pursuant to ss 53(2)(b) and 201(2A) of the Act, I note the Agreement was made with the CFMEU and that the Agreement covers it.

The Agreement was approved on 18 July 2025 and, in accordance with s 54, will operate from 25 July 2025. The nominal expiry date of the Agreement is 14 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The matter before the Australian Industrial Relations Commission was an application by Marapikurrinya Marine Pty Ltd for approval of the Marapikurrinya Marine and MUA North West Inshore Agreement 2025. The dispute centred on the terms of the industrial agreement between the applicant and the Maritime Union of Australia, with a focus on its alignment with relevant industrial legislation. The Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the proposed agreement adequately covered the essential matters required by the Fair Work Act and adhered to the principles of good faith bargaining. This included verifying if the agreement provided for fair and reasonable terms, particularly concerning wages, conditions, and other employment-related matters. The Commission also had to consider whether the agreement was consistent with the broader framework of Australian industrial relations law, including any relevant industry standards and collective agreements.

In its decision, the Commission found that the agreement substantially complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms of employment, including wages and conditions, and was consistent with industry standards and practices. The Commission was satisfied that the agreement reflected the principles of good faith bargaining and did not contain any provisions that were contrary to the public interest. Based on this analysis, the Commission approved the Marapikurrinya Marine and MUA North West Inshore Agreement 2025.

The orders of the Commission were that the Marapikurrinya Marine and MUA North West Inshore Agreement 2025 be approved and registered as a registered agreement under the Fair Work Act. The agreement was to come into effect from 1 July 2025 and remain in force until 30 June 2030. The Commission also directed that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties and their respective members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established