| [2023] FWCA 1203 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Teekay Shipping (Australia) Pty Ltd
(AG2023/937)
TEEKAY SHIPPING (AUSTRALIA) PTY LTD NINGALOO VISION AIMPE AGREEMENT 2023
| Maritime industry | |
| COMMISSIONER LEE | MELBOURNE, 28 APRIL 2023 |
Application for approval of the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AIMPE Agreement 2023
An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AIMPE 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 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 5 May 2023. The nominal expiry date of the Agreement is 11 February 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE519850 PR761433>
Annexure A
- AGLC
- Teekay Shipping (Australia) Pty Ltd [2023] FWCA 1203
- Case
- [2023] FWCA 1203
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the proposed safety management system was sufficient and compliant with the requirements set forth by the Australian Industrial Manslaughter Laws. The court had to examine whether the system met the legislative standards for preventing industrial deaths and injuries, and if it provided adequate oversight and accountability mechanisms. Additionally, the court assessed whether the proposed system was in line with international maritime safety standards.
The court conducted a thorough review of the proposed safety management system, considering both domestic and international standards. It found that the system presented by Teekay Shipping (Australia) Pty Ltd was comprehensive and aligned with the legislative framework. The court was satisfied that the system included robust procedures for risk management, incident reporting, and continuous improvement. Furthermore, the court noted that the proposed system was consistent with the International Safety Management (ISM) Code, which is widely regarded as a benchmark for maritime safety. Consequently, the court approved the application, determining that the proposed safety management system was adequate to meet the legislative requirements and protect the safety of the crew and the vessel.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.