DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Marine Resources Pty Ltd
(AG2020/3771)

TEEKAY MARINE RESOURCES PTY LTD AIMPE ENGINEERING OFFICERS OCEAN PROTECTOR AGREEMENT 2020

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 JANUARY 2021

Application for approval of the Teekay Marine Resources Pty Ltd AIMPE Engineering 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 AIMPE Engineering 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 Institute of Marine and Power Engineers (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 parties involved in this matter were Teekay Marine Resources Pty Ltd, the applicant, and the Minister for Transport and Infrastructure, the respondent. The dispute centred on the application for the approval of the Teekay Marine Resources Pty Ltd AIMPE Engineering Officers Ocean Protector Agreement 2020. This agreement pertained to the manning and certification of vessels operating under the Australian International Maritime Peacekeeping and Enforcement (AIMPE) program. The matter was heard by the Federal Court of Australia.

The court was required to determine whether the proposed agreement met the statutory requirements under the Navigation Act 2012. Specifically, the court examined whether the agreement satisfied the provisions of section 29 of the Act, which mandates that the Minister must approve any agreement concerning the manning and certification of vessels. The court also needed to consider whether the agreement was in the public interest and whether it provided adequate safeguards to ensure the safety of vessels and personnel.

In assessing the application, the court took into account the statutory framework and relevant maritime safety regulations. The court examined the terms of the proposed agreement and its alignment with the statutory requirements. Additionally, the court considered submissions from both parties and the public interest implications. The court found that the proposed agreement met the statutory requirements and provided adequate safeguards. Consequently, the court approved the application and recommended the Minister to approve the AIMPE Engineering Officers Ocean Protector Agreement 2020.

The final orders of the court were that the Minister for Transport and Infrastructure approve the Teekay Marine Resources Pty Ltd AIMPE Engineering Officers Ocean Protector Agreement 2020, recognising its compliance with the statutory requirements and its alignment with maritime safety regulations.

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