Teekay Shipping (Australia) Pty Ltd

[2024] FWCA 2974

[2024] FWCA 2974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2024/2788)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD AMOU MASTERS AND DECK OFFICERS GUIDANCE AGREEMENT 2024

Maritime industry
DEPUTY PRESIDENT CROSS	SYDNEY, 13 AUGUST 2024

Application for approval of the Teekay Shipping (Australia) Pty Ltd AMOU Masters And Deck Officers Guidance Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AMOU Masters And Deck Officers Guidance Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Teekay Shipping (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. The employer did not clarify the quantum of Second Officers in the Agreement. Clause 7.6 Vessel Deck Complement in the proposed agreement correctly reflects the variant Deck Officer Ranks, however, should reflect an additional Second Officer. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in section 186(2)(a). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Seagoing Award is taken to be a term of the Agreement.

1. I note that the Agreement contains an NES precedence clause at cl.6, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2024. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525783  PR778242>

Annexure A