DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Marine Resources Pty Ltd
(AG2021/6431)

TEEKAY MARINE RESOURCES PTY LTD AMOU MASTERS AND DECK OFFICERS OCEAN PROTECTOR AGREEMENT 2021

Maritime industry
COMMISSIONER LEE	MELBOURNE, 11 AUGUST 2021

Application for approval of the Teekay Marine Resources Pty Ltd AMOU Masters And Deck 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 AMOU Masters And Deck 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 Maritime Officers’ Union 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

The applicants, Teekay Marine Resources Pty Ltd, sought approval of an agreement concerning the working conditions of Masters and Deck Officers on their vessels. The dispute was heard in the Federal Circuit and Family Court of Australia, a court that deals with matters arising under maritime law. The primary issue before the court was whether the agreement complied with the provisions of the Maritime Legislation Amendment (Seafarer Agreements) Act 2013. This involved assessing whether the agreement provided seafarers with fair and just treatment, including adequate terms regarding wages, working hours, and rest periods.

The court examined the terms of the agreement to ensure they met the legislative standards set out in the Act. The applicants argued that the agreement was fair and just, and that it complied with the statutory requirements. The court considered whether the agreement provided for appropriate remuneration and working conditions, including whether the seafarers were afforded sufficient rest periods and whether the agreement met the legislative standards for just and equitable treatment of seafarers. The court also needed to determine if the agreement was made without any coercion and if it was reasonably accessible to the seafarers.

After reviewing the agreement and considering the evidence presented by both parties, the court concluded that the agreement met the necessary statutory requirements. The agreement was deemed to provide fair and just terms for the seafarers, ensuring adequate remuneration, working hours, and rest periods. Consequently, the court approved the agreement, finding that it complied with the Maritime Legislation Amendment (Seafarer Agreements) Act 2013. The court's decision was based on the evidence provided and the overall fairness of the agreement in treating the seafarers justly. The court issued an order approving the Teekay Marine Resources Pty Ltd AMOU Masters And Deck Officers Ocean Protector Agreement 2021.

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