Teekay Shipping (Australia) Pty Ltd

[2022] FWCA 3041

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2022/3509)

Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services Mercator Enterprise Agreement 2021

Maritime industry
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services Mercator Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services Mercator Enterprise 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 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 8 September 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 parties involved in the dispute were Teekay Shipping (Australia) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute was an application for the approval of the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services Mercator Enterprise Agreement 2021. The application was heard in the Fair Work Commission (FWC). The FWC was tasked with determining whether the agreement met the necessary legal requirements for approval and whether it was in the best interests of the employees covered by the agreement.

The legal issues that the FWC had to decide involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). Specifically, the FWC had to examine if the agreement was a genuine enterprise agreement, if it contained all the required terms and conditions, and if it was in the best interests of the employees. Furthermore, the FWC had to ensure that the agreement did not include any prohibited content, such as provisions that were contrary to public policy or that undermined the existing rights of employees.

In reaching its decision, the FWC carefully reviewed the content of the agreement and considered the submissions made by both parties. The FWC found that the agreement was a genuine enterprise agreement and that it contained all the required terms and conditions. The FWC also determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Furthermore, the FWC concluded that the agreement did not include any prohibited content and was consistent with the provisions of the Fair Work Act and the Fair Work Regulations. Based on these findings, the FWC approved the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services Mercator Enterprise Agreement 2021.

The final orders of the FWC included the approval of the agreement, which means that it will now be in force and binding on the parties involved. The agreement will govern the terms and conditions of employment for the employees covered by the agreement, and both parties must adhere to its provisions. The approval of the agreement ensures that the employees will have a fair and reasonable set of terms and conditions, and it promotes a harmonious industrial relations environment between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established