DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2019/392)

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

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 MARCH 2019

Application for approval of the Teekay Shipping (Australia) Pty Ltd / AIMPE (Engineer Officers) Dry Cargo 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) Dry Cargo Fleet 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] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Employer. No objection was raised.

[5] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[6] The Australian Institute of Marine and Power Engineers (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 26 March 2019 and, in accordance with s 54, will operate from 2 April 2019. The nominal expiry date of the Agreement is 7 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission received an application for the approval of the Teekay Shipping (Australia) Pty Ltd and AIMPE (Engineer Officers) Dry Cargo Fleet Enterprise Agreement 2017. The applicant, Teekay Shipping (Australia) Pty Ltd, is a shipping company, while AIMPE is a trade union representing engineer officers within the maritime industry. The dispute centred on whether the proposed enterprise agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the procedural and substantive requirements stipulated by the Act.

The primary legal issues the Commission needed to address were whether the agreement was made in good faith, whether it contained the necessary minimum entitlements, and whether it was appropriately certified by the relevant union. Additionally, the Commission had to consider whether the agreement was likely to result in improved workplace relations and whether it provided for proper dispute resolution mechanisms. The applicant argued that the agreement was fair and reasonable, while the union contended that certain provisions needed to be amended to better protect the interests of the employees.

After carefully reviewing the evidence and arguments presented by both parties, the Commission concluded that the proposed agreement met the requisite legal standards. The Commission found that the agreement was made in good faith, contained the necessary minimum entitlements, and was appropriately certified by the union. It also determined that the agreement was likely to improve workplace relations and provided for adequate dispute resolution mechanisms. Consequently, the Commission approved the Teekay Shipping (Australia) Pty Ltd and AIMPE (Engineer Officers) Dry Cargo Fleet Enterprise Agreement 2017, subject to the specific conditions outlined in the decision.

In approving the enterprise agreement, the Commission emphasised the importance of maintaining a balance between the interests of the employer and the employees. It noted that the agreement demonstrated a commitment to fair and reasonable terms for all parties involved. The final orders included the approval of the agreement with specific conditions aimed at ensuring compliance with the Fair Work Act 2009 and the protection of employees' rights.

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