Australian Maritime Officers' Union v Teekay Shipping (Australia) Pty Ltd Summary

[2025] FWC 2184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Maritime Officers' Union
v

Teekay Shipping (Australia) Pty Ltd

(B2025/1185)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 28 JULY 2025

Proposed protected action ballot of employees of Teekay Shipping (Australia) Pty Ltd

This is an application by the Australian Maritime Officers’ Union (AMOU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Teekay Shipping (Australia) Pty Ltd (Teekay or Employer).

On 25 July 2025, the Commission was advised that the Employer did not object to the Application but did raise some concerns with elements of the proposed order. Following discussions, the parties communicated a consent position. I have granted leave to amend the application and otherwise determined the matter on the papers without conducting a hearing.

On the basis of the material before me, including the declaration of Daniel White, Industrial Officer, setting out the steps taken by the AMOU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Teekay, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 7 August 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 PR790070.

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, 7 calendar days from the anticipated commencement of the ballot and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Maritime Officers' Union (AMOU) applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of Teekay Shipping (Australia) Pty Ltd. The dispute was about the proposed industrial action by employees, and the application was made under section 437 of the Fair Work Act 2009. Teekay did not object to the application but had some concerns regarding the proposed order. The court considered the matter on the papers without conducting a hearing, after granting leave to amend the application.

The legal issues before the court involved determining whether the AMOU had met the requirements of section 443(1) of the Act to hold a ballot for protected action. This required the court to assess if there was a notification time in relation to the proposed agreement and whether the AMOU had genuinely attempted to reach an agreement with Teekay. Additionally, the court had to ensure that the ballot was conducted by an approved agent and set the closing date for the ballot as per section 443(3)(c) of the Act.

The court concluded that the AMOU had met all the necessary requirements to hold a ballot for protected action. The union had indeed been genuinely trying to reach an agreement with Teekay and had taken appropriate steps in bargaining. The court also determined that Democratic Outcomes Pty Ltd (CiVS) was an approved agent authorised to conduct the ballot. The closing date for voting was set as 7 August 2025, which aligns with the period sought in the application. Consequently, the court issued an order approving the ballot and setting the closing date for voting.

The court's final orders included granting leave to amend the application, approving the protected action ballot, and setting the closing date for voting. The matter was to be assigned to another Member of the Commission to conduct a compulsory conciliation conference, with an order requiring the attendance of all bargaining representatives. Directions were also likely to be issued to ensure that the parties attended the conference ready for meaningful negotiations.

Australian Maritime Officers' Union v Teekay Shipping (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established