Teekay Shipping (Australia) Pty Ltd

[2022] FWCA 3042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2022/3510)

Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers Mercator Agreement 2021

Maritime industry
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers Mercator Agreement 2021

An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck 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 Maritime Officers’ 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

Teekay Shipping (Australia) Pty Ltd applied to the Fair Work Commission for the approval of the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers Mercator Agreement 2021. The dispute centred on the terms of the agreement, which was intended to govern the employment conditions of Masters and Deck Officers within the company's Australian operations. The parties involved in the dispute were Teekay Shipping (Australia) Pty Ltd, as the employer, and the Australian Maritime Officers' Union (AMOU), representing the employees. The Fair Work Commission was the court that heard and decided the matter.

The legal issues that the Fair Work Commission needed to address included whether the agreement met the criteria for being a "single interest" agreement, whether the agreement was in the best interests of the employees, and whether the agreement was consistent with the provisions of the Fair Work Act 2009. Additionally, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements for the approval of an enterprise agreement.

The Fair Work Commission examined the agreement and the submissions made by both parties. It found that the agreement was a single interest agreement as it covered Masters and Deck Officers, who were considered to be in the same employment category. The Commission also concluded 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 agreement was consistent with the Fair Work Act 2009 and complied with the procedural requirements for the approval of an enterprise agreement. Consequently, the Fair Work Commission approved the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers Mercator Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established