DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2021/6429)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD AMOU MASTERS & DECK OFFICERS MATV SYCAMORE AGREEMENT 2021

Maritime industry
COMMISSIONER LEE	MELBOURNE, 11 AUGUST 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers MATV Sycamore 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 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.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 8.2(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 18 August 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Teekay Shipping (Australia) Pty Ltd, the Fair Work Commission was tasked with approving the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers MATV Sycamore Agreement 2021. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 for approval and registration. The applicants, Teekay Shipping, sought the court's endorsement to formalise the agreement which outlined terms and conditions of employment for Masters and Deck Officers on vessels operated by Teekay.

The central legal issues revolved around whether the agreement provided for minimum wages, entitlements, and working conditions as stipulated by the Fair Work Act. Additionally, the court had to determine if the agreement allowed for necessary flexibility in terms of hours, while still safeguarding the rights and interests of the employees. The validity of the agreement also depended on whether it was made in good faith and whether it complied with the statutory requirement of covering specific matters.

The Fair Work Commission found that the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers MATV Sycamore Agreement 2021 met all the necessary statutory requirements. The agreement was deemed to provide for fair and reasonable terms and conditions, ensuring that the employees' minimum entitlements and working conditions were protected. The court concluded that the agreement allowed for the requisite flexibility in hours and was made in good faith, complying with all legislative mandates. Therefore, the agreement was approved and registered under the Fair Work Act 2009.

Teekay Shipping (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established