Teekay Shipping (Australia) Pty Ltd
[2023] FWCA 1079
•13 APRIL 2023
| [2023] FWCA 1079 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Teekay Shipping (Australia) Pty Ltd
(AG2023/606)
TEEKAY SHIPPING (AUSTRALIA) PTY LTD AMOU CORAL KNIGHT ENTERPRISE AGREEMENT 2022
| Maritime industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 13 APRIL 2023 |
Application for approval of the Teekay Shipping (Australia) Pty Ltd AMOU Coral Knight Enterprise Agreement 2022.
Teekay Shipping (Australia) Pty Ltd (the Employer) has made an application for the approval of the Teekay Shipping (Australia) Pty Ltd AMOU Coral Knight Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that Clause 9.2(b) – Notice of Termination by an Employee and Clause 16.6 – Long Service Leave are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Maritime Officers’ Union (AMOU) 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 AMOU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2023. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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