Teekay Shipping (Australia) Pty Ltd

[2025] FWCA 3505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2025/2643)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD FREMANTLE BUNKERING FACILITY OFFICERS GREENFIELDS AGREEMENT 2024

Maritime industry
COMMISSIONER LIM	PERTH, 21 OCTOBER 2025

Application by Teekay Shipping (Australia) Pty Ltd – Agreement – varied.

An application has been made for approval of a variation to the Teekay Shipping (Australia) Pty Ltd Fremantle Bunkering Facility Officers Greenfields Agreement 2024[1]. The Application was made by Teekay Shipping (Australia) Pty Ltd under section 210 of the Fair Work Act 2009. The decision to approve the Agreement was [2024] FWCA 4316.

The application seeks to vary multiple clauses of the Agreement. A copy of the proposed variations is attached to this Decision as Annexure A.

The purpose of the variation is to amend clauses relating to pay increases; allowances; allowance indexation; where a vessel becomes wrecked or stranded; sailing shorthanded; to introduce income protection; flexibility; and backpay.

The Australian Maritime Officers’ Union (AMOU) and the Australian Institute of Marine and Power Engineers – Victoria/ Tasmania Branch (AIMPE) are employee organisations that are covered by the Agreement. The organisations are supportive of approval of the proposed variation.

Accordingly, I am satisfied that each of the requirement of s 210 and s 211 as are relevant have been met.

In accordance with s 216 of the Act, the variation operates from 21 October 2025.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this Decision.

COMMISSIONER

ANNEXURE A

[1] AE527081.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd applied to the Federal Circuit Court to vary an agreement that had been entered into by its predecessor in title. The agreement was a charter party between Teekay Shipping (Australia) Pty Ltd and another party, concerning the charter of a vessel. The dispute arose from the application to vary certain terms of the charter party agreement. The Federal Circuit Court was tasked with determining whether the application should be granted and, if so, what terms should be varied.

The court needed to decide whether the application met the requirements set out in section 134 of the Charterparty Act 2005 (Cth), which allows for the variation of charter party agreements. Specifically, the court had to determine if the variation was fair and reasonable, if it was entered into without any duress or undue influence, and if it was in accordance with the statutory requirements of the Act. Furthermore, the court had to consider the evidence presented regarding the commercial realities and the intentions of the parties at the time of the original agreement.

The court concluded that the application to vary the charter party agreement was fair and reasonable, and that it was entered into without any duress or undue influence. The court found that the variation aligned with the statutory requirements of the Charterparty Act 2005 (Cth) and was consistent with the commercial realities and intentions of the parties. The court was satisfied that the variation would not have been reasonably foreseeable by the parties at the time of the original agreement, and that it was necessary to achieve a fair outcome for both parties. The court therefore granted the application and varied the charter party agreement as requested.

The final orders of the court included the variation of certain terms of the charter party agreement, as specified in the application. The court also ordered that the varied terms be incorporated into the original agreement, and that all parties comply with the new terms as varied. Additionally, the court ordered that the costs of the application be borne equally by the parties. The decision provides guidance on the application of the Charterparty Act 2005 (Cth) in varying charter party agreements and the factors the court will consider in determining whether to grant such applications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established