Application for approval of the Carpentaria Management Services Pty Ltd AMOU and AIMPE Enterprise Agreement 2024

[1] This decision concerns an application for approval of the Carpentaria Management Services Pty Ltd AMOU and AIMPE Enterprise Agreement 2024 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Moffat Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[3] Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised a concern with the Applicant, and the Australian Institute of Marine and Power Engineers (AIMPE) and the Australian Maritime Officers' Union (AMOU) who were both bargaining representatives for the Agreement. The concern related to clause 12.3 of the Agreement, which concerns compassionate leave. The concern being that the circumstances by which compassionate leave can be taken in accordance with clause 12.3 of the Agreement is more confined that under the National Employment Standards. The Applicant proposed an undertaking to address this concern. The Commission sought the views of the other bargaining representatives. The AIMPE confirmed that it supported the undertaking. The AMOU did not express a view. I accept the undertaking. In doing so, I am also satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement. I am also satisfied that the undertaking is not likely to result in substantial changes to the Agreement. A copy of the undertaking is attached at Annexure A of this decision.

[4] Based on the material provided, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

[5] Section 201 of the FW Act requires the approval decision to note certain matters. I first such matter is that both the Australian Institute of Marine and Power Engineers (AIMPE) and the Australian Maritime Officers' Union (AMOU) have given the Fair Work Commission a notice under section 183(1) of the FW Act that they each want the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the Australian Institute of Marine and Power Engineers (AIMPE), and the Australian Maritime Officers' Union (AMOU). The second such matter relevant to this application is section 201(3) of the FW Act. I note that the Agreement is approved with the attached undertaking, which is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 24 February 2026. The nominal expiry date of the Agreement is 24 February 2030.

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