DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2020/3774)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD AIMPE ENGINEER OFFICERS MATV SYCAMORE AGREEMENT 2020

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 JANUARY 2021

Application for approval of the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers MATV Sycamore Agreement 2020.

[1] Teekay Shipping (Australia) Pty Ltd has made an application for the approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers MATV Sycamore Agreement 2020 (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.

[2] 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s 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.

[4] 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 as are relevant to this application for approval have been met.

[5] The Australian Institute of Marine and Power Engineers (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 statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.
[6] The Agreement was approved on 19 January 2021 and, in accordance with s 54, will operate from 26 January 2021. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Teekay Shipping (Australia) Pty Ltd for the approval of an Australian Industrial Modernisation and Productivity Efficiency Engineer Officers Marine and Tugs Association of Victoria (MATV) Sycamore Agreement 2020. The application was made under section 234 of the Fair Work Act 2009, seeking to resolve disputes that had arisen between the employer and the union regarding the terms and conditions of employment for engineer officers. The Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it met the legal standards set by the Act.

The primary legal issue before the Commission was whether the proposed agreement was fair and appropriate, given the obligations imposed by the Fair Work Act. The Commission considered whether the agreement adequately addressed the rights and entitlements of the engineer officers, including their wages, working conditions, and dispute resolution mechanisms. The Commission also assessed whether the agreement provided for a fair and efficient workplace, as required by the Act. In reaching its decision, the Commission had to balance the interests of the employer, the union, and the employees.

After careful consideration of the evidence and submissions presented by both parties, the Commission found that the agreement met the statutory requirements and was in the best interests of the engineer officers. The Commission determined that the agreement provided for fair and reasonable terms of employment, including provisions for wages, working conditions, and dispute resolution. The Commission concluded that the agreement was likely to contribute to a fair and efficient workplace, and therefore approved the agreement under section 234 of the Fair Work Act. The approval was subject to certain conditions to ensure ongoing compliance with the Act.

The final orders of the Commission included the approval of the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers MATV Sycamore Agreement 2020, subject to the conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would come into effect on a specified date. The parties were required to adhere to the terms of the agreement and to notify the Commission of any changes or disputes arising under the agreement. The Commission's decision provided a framework for resolving any future disputes between the employer and the union in accordance with the approved agreement.

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