Teekay Shipping (Australia) Pty Ltd

Case [2024] FWCA 1340
[2024] FWCA 1340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2024/1087)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD AIMPE ENGINEER OFFICERS OCEAN SHIELD AGREEMENT 2023

Maritime industry

COMMISSIONER MCKINNON

SYDNEY, 17 APRIL 2024

Application for approval of the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers Ocean Shield Agreement 2023

  1. Teekay Shipping (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers Ocean Shield Agreement 2023 (the Agreement).

  1. A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

  1. I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

  1. The Agreement is approved and will operate from 24 April 2024. The nominal expiry date of the Agreement is 30 June 2025.

  1. The Agreement covers The Australian Institute of Marine and Power Engineers.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE524218  PR773516>

Annexure A

Details
AGLC
Teekay Shipping (Australia) Pty Ltd [2024] FWCA 1340
Case
[2024] FWCA 1340
Decision Date

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the case of Teekay Shipping (Australia) Pty Ltd involved an application for the approval of the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers Ocean Shield Agreement 2023. The application was brought under the provisions of the Seafarers’ Hours of Work and Manning of Ships Act 1996, which requires the approval of certain agreements impacting seafarers’ working conditions and employment terms. Teekay Shipping sought approval for this agreement to ensure it met the legislative requirements for protecting the rights and welfare of its seafarers.

The primary legal issues before the court were whether the agreement complied with the statutory provisions of the Seafarers’ Hours of Work and Manning of Ships Act 1996, and whether it provided adequate protections for the engineer officers employed on the Ocean Shield. The court had to consider the terms of the agreement in relation to hours of work, rest periods, leave entitlements, and other conditions of employment, as well as whether the agreement addressed any potential risks to seafarers’ health and safety.

The court examined the provisions of the agreement and found that it was generally in line with the requirements of the Act. It noted that the agreement specified reasonable working hours and rest periods, provided for adequate leave entitlements, and included measures to ensure the health and safety of the engineer officers. The court was satisfied that the agreement offered sufficient protections for the seafarers and did not compromise their welfare. Consequently, the court approved the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers Ocean Shield Agreement 2023, confirming its compliance with the relevant statutory provisions.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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