DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2018/5360)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD CFMMEU DEFENCE SERVICES MATV SYCAMORE ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 DECEMBER 2018

Application for approval of the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services MATV Sycamore Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services MATV Sycamore 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 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[4] The Agreement was approved on 18 December 2018 and, in accordance with s.54, will operate from 25 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

Teekay Shipping (Australia) Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services MATV Sycamore Enterprise Agreement 2017. The applicant sought the Commission's approval of the agreement, which was entered into with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The agreement was designed to govern the employment conditions of certain employees within the applicant's workforce. The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement contained all the necessary terms, was free from prohibited content, and satisfied the requirements for genuine agreement.

The Commission first examined the agreement to determine if it included all the necessary terms as stipulated by the Fair Work Act. This involved assessing whether the agreement covered essential aspects such as wages, hours of work, and other conditions of employment. The Commission also reviewed the agreement to ensure it did not contain any terms that were prohibited under the Act, such as those that unfairly disadvantaged employees. Furthermore, the Commission assessed whether the agreement had been genuinely negotiated between the parties and whether it had been properly presented to the employees for their consideration and vote. The Commission relied on evidence provided by both the applicant and the union to determine if the agreement met these criteria.

After thorough consideration, the Commission found that the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services MATV Sycamore Enterprise Agreement 2017 complied with all the necessary statutory requirements. The Commission confirmed that the agreement contained all the required terms, did not include any prohibited content, and was the product of genuine negotiations. The Commission also noted that the agreement had been appropriately presented to the employees, who had been given a reasonable opportunity to consider it and vote. Therefore, the Commission approved the agreement, acknowledging that it provided a fair and reasonable framework for the employment conditions of the affected employees.

The Fair Work Commission approved the Teekay Shipping (Australia) Pty Ltd CFMMEU Defence Services MATV Sycamore Enterprise Agreement 2017, recognising that it met all the statutory requirements under the Fair Work Act. The Commission's decision confirmed the validity and enforceability of the agreement, which would now govern the employment conditions of the relevant employees.

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