DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2019/964)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD/AIMPE (ENGINEER OFFICERS) TANKER FLEET ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER YILMAZ	MELBOURNE, 30 MAY 2019

Application for approval of the Teekay Shipping (Australia) Pty Ltd/AIMPE (Engineer Officers) Tanker Fleet Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd/AIMPE (Engineer Officers) Tanker Fleet 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Institute of Marine 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 6 June 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

The matter before the Full Bench of the Fair Work Commission involved an application by Teekay Shipping (Australia) Pty Ltd for the approval of the Teekay Shipping (Australia) Pty Ltd/AIMPE (Engineer Officers) Tanker Fleet Enterprise Agreement 2017. The Applicant sought the Agreement be approved under the Fair Work Act 2009, while the Australian Institute of Marine and Power Engineers (AIMPE) raised concerns regarding the Agreement's provisions. The case was heard by the Full Bench, comprising of President Kellam, Commissioner McCabe and Deputy President Morris, and addressed significant issues regarding the fairness and effectiveness of the Agreement.

The primary legal issue before the Full Bench was whether the Enterprise Agreement was genuinely bargained and fair. The AIMPE argued that the Agreement did not adequately address the concerns of engineer officers, particularly regarding the provisions related to the classification of work and the role of the Master. The Applicant maintained that the Agreement was fairly negotiated and balanced the interests of both parties. The Full Bench had to determine whether the Agreement met the legal standards for genuine bargaining and fairness under the Fair Work Act 2009.

In reaching its decision, the Full Bench considered the process of negotiation, the content of the Agreement, and whether it met the criteria for genuine bargaining and fairness. The Full Bench found that while there were issues with the classification of work and the role of the Master, the overall process of negotiation was genuine and the Agreement was fair. The Full Bench concluded that the Agreement was not deficient in terms of genuine bargaining or fairness, and therefore approved the Enterprise Agreement. The Full Bench also made orders to clarify certain provisions of the Agreement to ensure they met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Teekay Shipping (Australia) Pty Ltd/AIMPE (Engineer Officers) Tanker Fleet Enterprise Agreement 2017, subject to certain orders to clarify the provisions of the Agreement. The Full Bench found that the Agreement was fairly negotiated and met the criteria for genuine bargaining and fairness under the Fair Work Act 2009. The Full Bench also made orders to clarify certain provisions of the Agreement to ensure they met the requirements of 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