Teekay Shipping (Australia) Pty Ltd

[2023] FWCA 1205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2023/907)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD NINGALOO VISION AMOU AWU CFMMEU AGREEMENT 2023

Maritime industry
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2023

Application for approval of the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AMOU AWU CFMMEU Agreement 2023

An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AMOU AWU CFMMEU Agreement 2023 (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.

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.

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.

The Australian Maritime Officers Union, the Australian Workers’ Union and the Construction Forestry Maritime Mining and Energy Union being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2023. The nominal expiry date of the Agreement is 11 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Teekay Shipping (Australia) Pty Ltd applied to the Fair Work Commission for the approval of the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AMOU AWU CFMMEU Agreement 2023. The dispute involves the terms and conditions of employment for certain employees of Teekay, as well as the application of industrial awards and agreements. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission considered were whether the agreement was a "single interest" enterprise agreement and whether it provided for the "proper" regulation of employees' terms and conditions of employment. The Commission also had to assess whether the agreement would result in employees being worse off overall compared to their previous conditions. Given the nature of the agreement, the Commission needed to ensure that it complied with the procedural fairness requirements, including the provision of a copy of the agreement to each employee and the opportunity for employees to make submissions.

After reviewing the application and submissions, the Commission found that the agreement was a "single interest" enterprise agreement and that it provided for the "proper" regulation of employees' terms and conditions of employment. The Commission also determined that the agreement did not result in employees being worse off overall and that the necessary procedural fairness requirements had been met. Consequently, the Commission approved the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AMOU AWU CFMMEU Agreement 2023. This approval ensures that the agreement will govern the employment terms and conditions of the affected employees, providing a framework for their work within Teekay.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established