| [2022] FWCA 3040 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Teekay Shipping (Australia) Pty Ltd
(AG2022/3508)
Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers Mercator Agreement 2021
| Maritime industry | |
| COMMISSIONER LEE | MELBOURNE, 1 SEPTEMBER 2022 |
Application for approval of the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers Mercator Agreement 2021
An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers Mercator Agreement 2021 (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 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 8 September 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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- AGLC
- Teekay Shipping (Australia) Pty Ltd [2022] FWCA 3040
- Case
- [2022] FWCA 3040
- Decision Date
CaseChat Overview and Summary
The court was required to assess several legal issues, including whether the agreement provided for minimum terms and conditions of employment that were no less favourable than those specified in the relevant modern awards and whether it complied with the procedural requirements set out in the Fair Work Act. The court also had to consider whether the agreement had been made in good faith and whether it provided for proper mechanisms for dispute resolution. Additionally, the court needed to determine whether the agreement met the threshold criteria for protected action status under section 235 of the Act.
In delivering its decision, the Fair Work Commission found that the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers Mercator Agreement 2021 met the necessary requirements for approval. The Commission concluded that the agreement provided for terms and conditions of employment that were at least as favourable as those set out in the relevant modern awards, and that it complied with the procedural and substantive requirements of the Fair Work Act. The Commission was satisfied that the agreement had been made in good faith and that it included adequate dispute resolution mechanisms. Consequently, the Commission approved the agreement for registration.
The Fair Work Commission certified the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers Mercator Agreement 2021 as meeting the criteria for protected action status. The decision was made on the basis that the agreement provided for minimum terms and conditions of employment that were no less favourable than those specified in the relevant modern awards, and that it complied with all procedural and substantive requirements under the Fair Work Act. The Commission's approval ensures that the agreement is now legally binding on the parties involved.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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