DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Marine Resources Pty Ltd
(AG2018/2824)

TEEKAY MARINE RESOURCES PTY LTD MARITIME UNION OF AUSTRALIA DIVISION OF CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION GOVERNMENT SERVICES (OCEAN PROTECTOR) GREENFIELDS AGREEMENT 2018

Maritime industry
COMMISSIONER LEE	MELBOURNE, 3 AUGUST 2018

Application for approval of the Teekay Marine Resources Pty Ltd Maritime Union of Australia Division of Construction, Forestry, Maritime, Mining and Energy Union Government Services (Ocean Protector) Greenfields Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Teekay Marine Resources Pty Ltd Maritime Union of Australia Division of Construction, Forestry, Maritime, Mining and Energy Union Government Services (Ocean Protector) Greenfields Agreement 2018 (the Agreement). The application was made by Teekay Marine Resources Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Maritime Union of Australia – Division of the Construction, Forestry, Maritime and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Maritime Union of Australia – Division of the Construction, Forestry, Maritime and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2018. The nominal expiry date of the Agreement is 9 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Teekay Marine Resources Pty Ltd for approval of an enterprise agreement with the Maritime Union of Australia. The application was brought before the Fair Work Commission (FWC). The core dispute revolves around the terms of the proposed agreement, which seeks to govern the employment conditions of Teekay’s maritime workers. The union argued certain provisions in the agreement contravened legal standards, while Teekay maintained that the agreement was fairly negotiated and compliant with the relevant legislation.

The primary legal issue before the FWC was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made in accordance with the mandatory bargaining requirements, whether it provided for genuine enterprise bargaining, and if it included terms that were procedurally and substantively fair. The FWC had to determine whether the agreement was made without undue coercion and whether it complied with the good faith bargaining obligations. Additionally, the FWC needed to consider whether the agreement included all required safety net terms and whether it provided for the necessary minimum rights of employees.

In delivering its decision, the FWC examined the evidence provided by both parties, including the negotiation process and the content of the proposed agreement. The FWC found that the agreement had been genuinely negotiated in good faith and was not made under any duress or coercion. It confirmed that all mandatory terms were included and that the agreement provided for fair and reasonable employment conditions. The FWC also determined that the agreement met the statutory requirements for approval. Consequently, the FWC approved the Teekay Marine Resources Pty Ltd Maritime Union of Australia Division of Construction, Forestry, Maritime, Mining and Energy Union Government Services (Ocean Protector) Greenfields Agreement 2018.

The FWC issued an order approving the enterprise agreement, confirming its compliance with the relevant legal standards. The agreement was to be registered and would govern the employment conditions of the maritime workers employed by Teekay Marine Resources Pty Ltd. The union and the company were bound by the terms of the agreement, which would now provide the framework for their industrial relations.

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