Teekay Shipping (Australia) Pty Ltd

[2023] FWCA 3046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2023/3154)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD CFMMEU OCEAN SHIELD ENTERPRISE AGREEMENT 2023

Maritime industry
DEPUTY PRESIDENT EASTON	SYDNEY, 19 SEPTEMBER 2023

Application for approval of the Teekay Shipping (Australia) Pty Ltd CFMMEU Ocean Shield Enterprise Agreement 2023.

Teekay Shipping (Australia) Pty Ltd (the Employer) has made an application for the approval of the Teekay Shipping (Australia) Pty Ltd CFMMEU Ocean Shield Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) was a bargaining representative for the Agreement and 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 CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2023. 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 Fair Work Commission for approval of the Teekay Shipping (Australia) Pty Ltd CFMMEU Ocean Shield Enterprise Agreement 2023. The dispute arose because Teekay Shipping sought to approve an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The agreement was to regulate the employment terms and conditions of Teekay's employees. The Fair Work Commission was the court responsible for assessing the application and determining whether the agreement should be approved.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement had been made in good faith and whether it provided for fair and reasonable terms and conditions. Furthermore, the Commission examined whether the agreement complied with the provisions of the Fair Work Act and whether it met the standards of procedural fairness.

In determining the application, the Commission considered the evidence and submissions from both Teekay Shipping and the CFMMEU. The Commission found that the agreement had been made in good faith and that it provided for fair and reasonable terms and conditions. The Commission also found that the agreement complied with the provisions of the Fair Work Act and met the standards of procedural fairness. Consequently, the Commission approved the Teekay Shipping (Australia) Pty Ltd CFMMEU Ocean Shield Enterprise Agreement 2023.

The Fair Work Commission approved the Teekay Shipping (Australia) Pty Ltd CFMMEU Ocean Shield Enterprise Agreement 2023, effective from 1 July 2023. The approval was subject to the agreement being registered with the Registrar of the Fair Work Commission. The agreement regulated the employment terms and conditions of Teekay's employees and was deemed to meet the statutory requirements for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established