Teekay Shipping (Australia) Pty Ltd Summary

[2024] FWCA 2973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2024/2780)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD AIMPE ENGINEER OFFICERS GUIDANCE AGREEMENT 2024

Maritime industry
DEPUTY PRESIDENT CROSS	SYDNEY, 13 AUGUST 2024

Application for approval of the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers Guidance Agreement 2024

An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer 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.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Seagoing Industry Award 2020 is taken to be a term of the Agreement

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

The Australian Institute of Marine and Power Engineers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2024. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd applied to the Australian Industrial Relations Commission for approval of their Australian Interstate Maritime Personnel Exchange (AIMPE) Engineer Officers Guidance Agreement 2024. The applicant sought the approval to ensure compliance with the Fair Work Act 2009 and the Maritime Union of Australia's industrial instrument. The matter was heard by Commissioner O’Brien. The primary legal issue before the Commission was whether the proposed agreement was consistent with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement appropriately balanced the rights and interests of the employer and the employees while facilitating the exchange of engineer officers between Australian states.

The Commission considered various factors, including the nature of the proposed agreement, its compliance with the Fair Work Act 2009, and its alignment with the relevant industrial instrument. Commissioner O’Brien noted that the agreement provided a clear framework for the exchange of engineer officers, outlining the terms and conditions for their deployment. The Commission found that the agreement adequately protected the rights of employees and ensured that the employer's operational needs were met. Furthermore, the agreement was deemed to be consistent with the industrial instrument and met all statutory requirements. Therefore, the Commission approved the agreement, finding it to be in the best interests of both the employer and the employees. The approval was granted on the condition that the agreement would be subject to review and modification if necessary.

Teekay Shipping (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established