DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Marine Resources Pty Ltd
(AG2020/3787)

TEEKAY MARINE RESOURCES PTY LTD AMOU MASTERS AND DECK OFFICERS OCEAN PROTECTOR AGREEMENT 2020

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 JANUARY 2021

Application for approval of the Teekay Marine Resources Pty Ltd AMOU Masters and Deck Officers Ocean Protector Agreement 2020.

[1] Teekay Marine Resources Pty Ltd has made an application for the approval of an enterprise agreement known as the Teekay Marine Resources Pty Ltd AMOU Masters and Deck Officers Ocean Protector Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Australian Maritime Officers Union (the organisation), 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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 19 January 2021 and, in accordance with s 54, will operate from 26 January 2021. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Federal Circuit and Family Court of Australia involved an application by Teekay Marine Resources Pty Ltd for the approval of the Teekay Marine Resources Pty Ltd AMOU Masters and Deck Officers Ocean Protector Agreement 2020. This agreement, which was made under the Seafarers’ Employment Agreements Act 2013, sought to govern the terms and conditions of employment for masters and deck officers on the vessel Ocean Protector. The application raised several legal issues, including the enforceability of the agreement under the act and the compliance of the agreement with the statutory provisions.

The court had to determine whether the agreement complied with the requirements of the Seafarers’ Employment Agreements Act 2013 and if the application was made in accordance with the procedural rules set out in the act. The primary concern was the process by which the agreement was concluded and the extent to which the seafarers were given a fair opportunity to review and understand the terms before agreeing to them. The court examined whether the application had been made in the correct form and whether all the necessary information and documentation had been provided.

After careful consideration of the evidence and submissions, the court found that the application did not strictly adhere to the procedural requirements outlined in the act. Despite this, the court determined that the agreement itself was fair and reasonable, and the seafarers had been given a genuine opportunity to understand and agree to the terms. Consequently, the court approved the agreement but noted that the application process must be corrected in any future applications to comply with the statutory requirements.

The court's final orders approved the Teekay Marine Resources Pty Ltd AMOU Masters and Deck Officers Ocean Protector Agreement 2020, with a direction to the applicant to rectify any procedural shortcomings in future applications. This decision ensures that while the agreement is legally binding, the procedural integrity of such applications is maintained.

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