Teekay Shipping (Australia) Pty Ltd Summary

[2022] FWCA 3520

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2022/4069)

Teekay Shipping (Australia) Pty Ltd CFMMEU Coral Knight Enterprise Agreement 2022

Maritime industry
COMMISSIONER JOHNS	MELBOURNE, 11 OCTOBER 2022

Application for approval of the Teekay Shipping (Australia) Pty Ltd CFMMEU Coral Knight Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd CFMMEU Coral Knight Enterprise Agreement 2022 (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.

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 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 18 October 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Teekay Shipping (Australia) Pty Ltd, who sought approval of the Teekay Shipping (Australia) Pty Ltd CFMMEU Coral Knight Enterprise Agreement 2022. The dispute was lodged in the Fair Work Commission, where the primary issue was whether the enterprise agreement complied with the Fair Work Act 2009. The agreement in question aimed to govern the employment terms of Teekay Shipping's employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The legal issues that the Commission needed to resolve centred on the fairness and compliance of the proposed agreement with statutory requirements. Specifically, the Commission had to determine whether the agreement provided adequate protections for employees, including provisions for wages, working hours, and other employment conditions.

In examining the agreement, the Commission considered the requirements of section 234 of the Fair Work Act, which mandates that an enterprise agreement must provide for the terms and conditions of employment of the employees covered by the agreement. The Commission assessed whether the agreement met the criteria for being a "better off overall test" (BOOT) agreement, meaning that employees were not worse off than under their previous agreement or award. The Commission also reviewed the procedural fairness of the agreement, ensuring that the negotiation process complied with the procedural fairness requirements of the Act. After a detailed analysis of the agreement, the Commission concluded that it met the statutory requirements and was, therefore, fair and compliant.

The Commission approved the Teekay Shipping (Australia) Pty Ltd CFMMEU Coral Knight Enterprise Agreement 2022, finding that it provided fair and reasonable terms and conditions of employment for the employees. The Commission's decision was based on the comprehensive review of the agreement and the evidence presented, confirming that it adhered to the legal standards set by the Fair Work Act. This approval ensures that the employees will be governed by the terms and conditions outlined in the agreement, providing them with a clear framework for their employment relationship.

Teekay Shipping (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established