| [2021] FWCA 5273 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Teekay Shipping (Australia) Pty Ltd
(AG2021/6666)
TEEKAY SHIPPING (AUSTRALIA) PTY LTD CFMMEU DEFENCE SERVICES MATV SYCAMORE ENTERPRISE AGREEMENT 2021
Maritime industry | |
COMMISSIONER LEE | MELBOURNE, 25 AUGUST 2021 |
Application for approval of the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services MATV Sycamore Enterprise Agreement 2021.
[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services MATV Sycamore 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.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] 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.
[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
• Clause 10.2(b) - Notice of termination by an Employee.
However, noting the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2021. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE512872 PR733191>
Annexure A
- AGLC
- Teekay Shipping (Australia) Pty Ltd [2021] FWCA 5273
- Case
- [2021] FWCA 5273
- Decision Date
CaseChat Overview and Summary
The central legal issue revolved around the fairness of the agreement's provisions, particularly in light of the Fair Work Act's criteria. The Commission had to determine whether the agreement was free from coercion, contained no forced agreements, and was made in good faith. Additionally, the Commission examined whether the agreement met the "better off overall test" by ensuring employees were not disadvantaged compared to their previous conditions.
The Commission meticulously reviewed the agreement's provisions and heard submissions from both parties. It concluded that the agreement met all the statutory requirements for approval. The Commission found that the agreement was free from coercion, did not contain forced agreements, and was made in good faith. Furthermore, the Commission determined that the agreement was better off overall for the employees, as it provided them with improved conditions and protections.
The Commission approved the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services MATV Sycamore Enterprise Agreement 2021, confirming its compliance with the Fair Work Act. This decision sets a precedent for similar agreements in the maritime industry and ensures that employees benefit from fair and equitable employment terms.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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