DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2020/62)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD NINGALOO VISION AMOU AWU CFMMEU FAIR WORK AGREEMENT 2019

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AMOU AWU CFMMEU 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 AMOU AWU CFMMEU 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] 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 Offices Union, Australian Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2020. The nominal expiry date of the Agreement is 11 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AMOU AWU CFMMEU Fair Work Agreement 2019. The application was opposed by the Australian Maritime Officers' Union and the Australian Workers' Union. The dispute centred on the validity and fairness of the agreement concerning the terms and conditions of employment for workers on the Ningaloo Vision vessel. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court examined several legal issues, including whether the agreement was genuinely negotiated between the employer and the relevant unions, and whether the agreement provided fair and reasonable terms and conditions of employment. Additionally, the court assessed whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness and the protections afforded to employees. The unions argued that the agreement did not adequately represent the interests of the employees and contained terms that were detrimental to them.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The court considered the evidence presented by the parties and the statutory requirements for approval. It concluded that the agreement complied with the provisions of the Fair Work Act and did not unfairly disadvantage the employees. The court also found that the unions had not demonstrated that the agreement was not in the best interests of the employees.

The Fair Work Commission approved the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AMOU AWU CFMMEU Fair Work Agreement 2019, dismissing the opposition by the unions. The court's decision was based on the evidence presented and the statutory requirements for approval under the Fair Work Act. The unions' application to set aside the approval was also dismissed by the court.

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