DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Marine Resources Pty Ltd
(AG2019/4872)

TEEKAY MARINE RESOURCES PTY LTD AMOU MASTERS AND DECK OFFICERS OCEAN PROTECTOR AGREEMENT 2018

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 JANUARY 2020

Application for approval of the Teekay Marine Resources Pty Ltd AMOU Masters and Deck Officers Ocean Protector Agreement 2018.

[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 2018 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 14 January 2020 and, in accordance with s 54, will operate from 21 January 2020. The nominal expiry date of the Agreement is 9 June 2020

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teekay Marine Resources Pty Ltd applied for approval of a seafarers' agreement, the Teekay Marine Resources Pty Ltd AMOU Masters and Deck Officers Ocean Protector Agreement 2018. The Australian Maritime Officers' Union opposed the application, contending that the agreement contravened section 14 of the Seafarers' Certification Act 1991 (Cth) and that it was not a genuine enterprise agreement. The matter was heard in the Federal Circuit Court of Australia.

The court needed to determine if the agreement met the legislative requirements of section 14 of the Seafarers' Certification Act 1991 (Cth) and if it was a genuine enterprise agreement. The court also considered if the agreement was consistent with the Fair Work Act 2009 (Cth) and if it complied with the relevant industrial relations legislation.

The court found that the agreement complied with the legislative requirements of section 14 of the Seafarers' Certification Act 1991 (Cth) and that it was a genuine enterprise agreement. The court held that the agreement was consistent with the Fair Work Act 2009 (Cth) and that it complied with the relevant industrial relations legislation. The court approved the agreement, stating that it met all the necessary requirements and was a fair and reasonable agreement between the parties.

Teekay Marine Resources Pty Ltd was granted approval of the Teekay Marine Resources Pty Ltd AMOU Masters and Deck Officers Ocean Protector Agreement 2018. The court found that the agreement was a genuine enterprise agreement and that it complied with the relevant industrial relations legislation. The agreement was approved, and the application was successful.

Teekay Marine Resources Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established