DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2018/6620)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD AMOU DECK OFFICERS MATV SYCAMORE AGREEMENT 2017

Maritime industry
COMMISSIONER MCKINNON	MELBOURNE, 27 MAY 2019

Application for variation of the Teekay Shipping (Australia) Pty Ltd AMOU Deck Officers MATV Sycamore Agreement 2017.

[1] Application has been made for approval of a variation to the Teekay Shipping (Australia) Pty Ltd AMOU Deck Officers MATV Sycamore Agreement 2017 (the Agreement). The application was made by Teekay Shipping (Australia) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 15 October 2018. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 27 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd recently brought an application before the Fair Work Commission to vary the Maritime Officers’ Award of 2017 (the Award) to address several issues arising from the employment of deck officers. The dispute centred on the terms and conditions of employment, specifically regarding the classification and duties of certain crew members on vessels operating under the Award.

The central legal issues before the Commission involved the interpretation and application of specific clauses within the Award that govern the classification of crew members. The applicant sought to alter the classification of certain crew members to ensure compliance with the relevant maritime regulations and to address operational efficiencies. This sought to include changes to the roles and responsibilities of deck officers, their hours of work, and the conditions under which they perform their duties.

In delivering the decision, the Commission carefully considered the provisions of the Award and the relevant maritime legislation. It found that the proposed changes were necessary to accurately reflect the current operational environment and to ensure compliance with regulatory standards. The Commission also considered the impact on the employees and the broader maritime industry, ensuring that the changes would not adversely affect the workforce. Ultimately, the Commission granted the application, allowing for the variations to the Award that were sought by the applicant. The changes will come into effect on a specified date, providing clarity and consistency in the classification and duties of deck officers employed under the Award.

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