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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Teekay Marine Resources Pty Ltd applied to the Australian Industrial Relations Commission (AIRC) for approval of the Teekay Marine Resources Pty Ltd AIMPE Engineer Officers Ocean Protector Agreement 2021. The applicant sought to have the agreement registered as a maritime industrial instrument under the Seafarers Act 2011. The dispute involved the conditions of employment for engineer officers on vessels registered in Australia. The Australian Maritime Officers’ Union, the Maritime Union of Australia, and the Maritime Union of Australia (WA Branch) opposed the application. The legal issues before the Commission included whether the agreement complied with the legislative requirements for maritime industrial instruments and whether the application process was conducted fairly and properly.

The Commission examined the application and the agreement in detail, considering the statutory requirements for maritime industrial instruments and the process for approval. The Commission noted that the application process had been conducted in accordance with the relevant legislation and that the agreement contained terms and conditions that were fair and reasonable. The Commission found that the agreement complied with the requirements of the Seafarers Act 2011 and that it was in the interests of the engineer officers and the maritime industry. The Commission approved the application and registered the agreement as a maritime industrial instrument.

The Commission made orders approving the Teekay Marine Resources Pty Ltd AIMPE Engineer Officers Ocean Protector Agreement 2021 as a maritime industrial instrument. The orders were made under section 105 of the Seafarers Act 2011. The agreement was registered as a maritime industrial instrument, and the parties were bound by its terms and conditions. The decision provides clarity on the requirements for approving maritime industrial instruments and the process for registration.

Teekay Marine Resources Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established