DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2020/61)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD NINGALOO VISION AIMPE FAIR WORK AGREEMENT 2019

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2020

Application for approval of the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AIMPE Fair Work Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AIMPE Fair Work Agreement 2019 (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] 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.

[3] The Australian Institute of Maritime and Power Engineers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2020. The nominal expiry date of the Agreement is 25 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Ningaloo Vision AIMPE Fair Work Agreement 2019. The applicant is a shipping company, and the agreement pertains to the terms and conditions of employment for crew members on the vessel Ningaloo Vision. The application was contested by the Maritime Union of Australia, which argued that the agreement did not comply with the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the agreement met the statutory requirements for approval. Specifically, the court needed to determine if the agreement was made in good faith and if it provided for minimum terms and conditions of employment that were not less favourable than the relevant industrial instrument. The court also considered whether the agreement was made independently of the parties and if the process of making the agreement was fair.

The Fair Work Commission found that the agreement was made in good faith and provided for minimum terms and conditions of employment that were not less favourable than the relevant industrial instrument. The court also found that the agreement was made independently of the parties and that the process of making the agreement was fair. The court rejected the union's argument that the agreement did not comply with the Fair Work Act 2009 and approved the agreement.

The Fair Work Commission approved the Ningaloo Vision AIMPE Fair Work Agreement 2019. The union's objections were dismissed, and the agreement was approved as meeting the statutory requirements for approval.

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