DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2019/963)

TEEKAY SHIPPING AUSTRALIA PTY LTD/AMOU SEAGOING DECK OFFICERS TANKER ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER YILMAZ	MELBOURNE, 16 JULY 2019

Application for approval of the Teekay Shipping Australia Pty Ltd/AMOU Seagoing Deck Officers Tanker Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Teekay Shipping Australia Pty Ltd/AMOU Seagoing Deck Officers Tanker Enterprise Agreement 2017 (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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 July 2019. The nominal expiry date of the Agreement is 7 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd was before the Fair Work Commission. The dispute concerned the application for approval of the Teekay Shipping Australia Pty Ltd/AMOU Seagoing Deck Officers Tanker Enterprise Agreement 2017. The Australian Maritime Officers' Union (AMOU) sought approval of the agreement, while Teekay Shipping opposed the application.

The primary legal issue before the commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement met the "better off overall test" and whether it was free from prohibited content. A secondary issue was whether the agreement appropriately reflected the working conditions and terms for seagoing deck officers employed by Teekay Shipping.

The commission determined that the agreement was compliant with the Fair Work Act. It was found to meet the "better off overall test," meaning that the overall financial and non-financial terms and conditions provided to the employees under the agreement were no worse than those provided under the applicable award. Additionally, the commission confirmed that the agreement did not contain any prohibited content. Consequently, the application for approval was upheld. The commission certified the agreement, making it legally binding on the parties involved.

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