Teekay Shipping (Australia) Pty Ltd
[2025] FWCA 1348
•24 APRIL 2025
| [2025] FWCA 1348 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Teekay Shipping (Australia) Pty Ltd
(AG2025/973)
TEEKAY SHIPPING (AUSTRALIA) PTY LTD PTY LTD AND THE MARITIME UNION OF AUSTRALIA FREMANTLE & KWINANA BUNKERING OPERATIONS 2025
| Maritime industry | |
| COMMISSIONER LIM | PERTH, 24 APRIL 2025 |
Application for approval of the Teekay Shipping (Australia) Pty Ltd Pty Ltd and the Maritime Union of Australia Fremantle & Kwinana Bunkering Operations 2025
Teekay Shipping (Australia) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd Pty Ltd and the Maritime Union of Australia Fremantle & Kwinana Bunkering Operations 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.
The title of the Agreement on the Notice of Employee Representational Rights (the NERR) is “Teekay Shipping (Australia) Pty Ltd Construction, Forestry and Maritime Employees Union Absolute Agreement 2024” whilst the Agreement title in clause 1.1 is “Teekay Shipping (Australia) Pty Ltd Pty Ltd and the Maritime Union of Australia Fremantle & Kwinana Bunkering Operations 2025”. Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.
The Applicant 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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):
(a)Clause 18 provides compassionate leave where a member of an employee’s immediate family or household contracts or develops a serious illness or dies; however, it appears to be silent in relation to compassionate leave for stillbirths and miscarriages as is provided by ss 104(1)(b) and (c) of the Act.
However, I am satisfied that under clause 6.5 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry and Maritime Employees Union (CFMEU) (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 24 April 2025 and, in accordance with s 54, will operate from 1 May 2025. The nominal expiry date of the Agreement is 24 April 2029.
COMMISSIONER
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Annexure A:
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