The Australian Maritime Officers' Union and the Australian Institute of Marine and Power Engineers v Mawa Riinbi Pty Limited & P&O Maritime Services Pty Limited Trading as Carpentaria Management Services Summary

[2025] FWC 2754

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australian Maritime Officers' Union and the Australian Institute of Marine and Power Engineers
v

Mawa Riinbi Pty Limited & P&O Maritime Services Pty
Limited Trading as Carpentaria Management Services

(B2025/1435)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 15 SEPTEMBER 2025

Proposed protected action ballot of employees of Carpentaria Management Services.

This is a joint application by the Australian Maritime Officers' Union (AMOU) and The Australian Institute of Marine and Power Engineers (AIMPE) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Mawa Riinbi Pty Limited & P&O Maritime Services Pty Limited Trading as Carpentaria Management Services (Carpentaria or Employer). The two applicants sought to amend the application to deal with certain drafting clarifications and the entity of the respondent employer was subsequently clarified.

On 15 September 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declarations of Christopher Claydon, Industrial Officer, and Nathan Niven, Senior National Organiser setting out the steps taken by the AMOU and AIMPE respectively in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Carpentaria, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 1 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR791761.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 11 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Maritime Officers' Union (AMOU) and the Australian Institute of Marine and Power Engineers (AIMPE) jointly applied to the Fair Work Commission (FWC) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning employees of Mawa Riinbi Pty Limited & P&O Maritime Services Pty Limited Trading as Carpentaria Management Services. The unions sought to amend the application to address certain drafting clarifications, and the identity of the respondent employer was subsequently clarified. The employer did not object to the application. The unions aimed to conduct a ballot to potentially undertake protected action.

The legal issues before the FWC involved whether the unions had satisfied the statutory requirements for a protected action ballot. Specifically, the FWC had to determine if the unions had genuinely attempted to reach an agreement with the employer and if the notification time for the proposed agreement was appropriate. The unions provided declarations from their representatives affirming their good-faith efforts in bargaining with the employer. The FWC also had to confirm the appropriateness of the proposed ballot date and the eligibility of the ballot agent, Fair Vote Services Pty Ltd, under section 468A of the Act.

After considering the declarations and the employer's lack of objection, the Deputy President concluded that all requirements under section 443(1) of the Act had been met. The FWC granted the unions' application to amend their initial application and determined the matter without a hearing. The Deputy President fixed the closing date for voting at 1 October 2025, which was 11 working days from the date of the order. An order was issued to conduct a compulsory conciliation conference, with directions to ensure that the parties were prepared for meaningful negotiations. The matter was assigned to another FWC member to oversee the conference.

The FWC issued an order approving the ballot and setting the closing date for voting. The matter will proceed to a compulsory conciliation conference, with further orders to be made regarding the attendance and conduct of the bargaining representatives.

The Australian Maritime Officers' Union and the Australian Institute of Marine and Power Engineers v Mawa Riinbi Pty Limited & P&O Maritime Services Pty Limited Trading as 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