DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2019/1080)

TEEKAY SHIPPING (AUSTRALIA) PTY LIMITED MUA SEAGOING RATINGS FSO AND TANKER ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2019

Application for approval of the Teekay Shipping (Australia) Pty Limited MUA Seagoing Ratings FSO And Tanker Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Limited MUA Seagoing Ratings FSO And Tanker Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 of the Act, will operate from 13 May 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

In this matter, Teekay Shipping (Australia) Pty Ltd sought approval for the MUA Seagoing Ratings FSO and Tanker Enterprise Agreement 2017. The dispute centred around whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The case was heard in the Federal Circuit Court of Australia.

The primary legal issues the court needed to address were whether the agreement contained all the mandatory terms as outlined in the Fair Work Act, whether it was free from unlawful content, and whether it complied with the procedural requirements for approval. The court had to consider whether the agreement adequately covered the seagoing ratings for FSO and tanker enterprises and if it was free from provisions that were contrary to the public interest or unjust.

The Federal Circuit Court found that the proposed agreement was comprehensive and contained all mandatory terms. The court also concluded that the agreement was free from any unlawful content and complied with all procedural requirements for approval. The court was satisfied that the agreement was fair and balanced, meeting the necessary standards for approval under the Fair Work Act.

As a result, the court granted approval for the MUA Seagoing Ratings FSO and Tanker Enterprise Agreement 2017. This decision allows the agreement to be implemented, providing a legally binding framework for the employment terms of the seagoing ratings within Teekay Shipping (Australia) Pty Ltd.

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