Teekay Marine Resources Pty Ltd

[2021] FWCA 4960

[2021] FWCA 4960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Marine Resources Pty Ltd
(AG2021/6427)

TEEKAY MARINE RESOURCES PTY LTD AIMPE ENGINEER OFFICERS OCEAN PROTECTOR AGREEMENT 2021

Maritime industry
COMMISSIONER LEE	MELBOURNE, 11 AUGUST 2021

Application for approval of the Teekay Marine Resources Pty Ltd AIMPE Engineer Officers Ocean Protector Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Marine Resources Pty Ltd AIMPE Engineer Officers Ocean Protector Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Teekay Marine Resources Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Institute of Marine and Power Engineers 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.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 8.2(b) - Notice of termination by an Employee.

However, noting the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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Annexure A