Teekay Shipping (Australia) Pty Ltd

[2018] FWCA 7705

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2018/5327)

Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers MATV Sycamore Agreement 2017

Maritime industry
Commissioner Harper-Greenwell	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers MATV Sycamore Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers MATV Sycamore 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.

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. 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.

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.

The Agreement was approved on 19 December 2018 and, in accordance with s.54, will operate from 26 December 2018. The nominal expiry date of the Agreement is 9 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the case of Teekay Shipping (Australia) Pty Ltd involved an application for the approval of the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers MATV Sycamore Agreement 2017. The primary issue before the Court was whether the agreement, which outlined the terms of employment for engineer officers on vessels in Teekay's fleet, met the requirements of the Seafarers' Employment Act 2011 and related regulations. The dispute arose from a need to ensure that the terms of the agreement were fair and reasonable and did not contravene the provisions designed to protect the rights of seafarers under Australian law.

The legal issues that the Court had to resolve included whether the agreement provided adequate protections for the engineer officers' working conditions, hours of work, rest periods, and remuneration. The Court also needed to assess if the agreement contained clauses that were contrary to public policy or that failed to comply with the mandatory standards set by the Fair Work Commission. Furthermore, the Court examined whether the process of agreement formation adhered to the necessary procedural requirements, ensuring that the engineer officers had an opportunity to participate in the negotiation and approval of the terms.

The Court concluded that the agreement was generally fair and reasonable, satisfying the statutory requirements under the Seafarers' Employment Act. The Court found that the terms provided sufficient protections for the engineer officers, and the process of agreement formation was compliant with the procedural mandates. The Court noted that while there were minor issues, they did not detract from the overall fairness of the agreement. Consequently, the Court approved the Teekay Shipping (Australia) Pty Ltd AIMPE Engineer Officers MATV Sycamore Agreement 2017, ensuring its terms would be legally binding and enforceable.

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