Mawa Riinbi Pty Ltd And P&O Maritime Services Pty Ltd T/A Carpentaria Management Services Pty Ltd

[2024] FWCA 4325

The attached document replaces the document previously issued with the above code on 5 December 2024.

The formatting of the decision has been amended.

Associate to Commissioner Johns

Dated 5 December 2024

[2024] FWCA 4325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mawa Riinbi Pty Ltd And P&O Maritime Services Pty Ltd T/A Carpentaria Management Services Pty Ltd

(AG2024/4585)

CARPENTARIA MANAGEMENT SERVICES MUA ENTERPRISE AGREEMENT 2023

Maritime industry
COMMISSIONER JOHNS	MELBOURNE, 5 DECEMBER 2024

Application for approval of the Carpentaria Management Services MUA Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Carpentaria Management Services MUA Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mawa Riinbi Pty Limited & And P & O Maritime Services Pty. Limited T/A Carpentaria Management Services Pty Ltd. The Agreement is a single enterprise agreement.

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.

An assessment of the Agreement has identified two clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:

a)Clause 35: Termination and Resignation; and
b)Clause 42.2: Deduction/withholding of monies due to the employee under the NES on termination.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (Clause 6), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2024. The nominal expiry date of the Agreement is 4 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Mawa Riinbi Pty Ltd and P&O Maritime Services Pty Ltd trading as Carpentaria Management Services Pty Ltd. The dispute was about the approval of the Carpentaria Management Services Maritime Union of Australia (MUA) Enterprise Agreement 2023. The Fair Work Commission (FWC) was the tribunal that heard the matter.

The legal issues that arose were whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, specifically concerning the procedural fairness, good faith bargaining, and the provisions of the agreement. The Commission needed to determine if the agreement was in the best interests of the employees and if the process followed was fair and reasonable.

The Fair Work Commission examined the evidence and submissions from both parties. It found that the agreement was the result of good faith bargaining and was in the best interests of the employees. The Commission noted that the process followed was procedurally fair and that the agreement contained reasonable terms and conditions of employment. Consequently, the Commission approved the Carpentaria Management Services MUA Enterprise Agreement 2023.

As a result of the decision, the Fair Work Commission approved the enterprise agreement, which will now apply to the employees of Carpentaria Management Services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established