DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2018/2779)

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

Maritime industry
COMMISSIONER JOHNS	SYDNEY, 15 OCTOBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Py Ltd AMOU Deck 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.

[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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Maritime Officers’ 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2018. The nominal expiry date of the Agreement is 9 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Teekay Shipping (Australia) Pty Ltd AMOU Deck Officers MATV Sycamore Agreement 2017. The agreement was to regulate the terms and conditions of employment of deck officers in the maritime industry. The dispute arose from the negotiation and subsequent agreement between the employer and the Maritime Officers' Association of Australia (MOAA) as the representative of the employees. The Fair Work Commission was tasked with ensuring that the agreement met the legal standards set out in the Fair Work Act 2009.

The primary legal issues before the Fair Work Commission were whether the agreement complied with the provisions of the Fair Work Act, and whether it contained the minimum terms and conditions as required by law. The Commission had to consider if the agreement was in the best interests of the employees, and whether it was free from any illegal or unfair content. Additionally, the Commission assessed whether the agreement had been genuinely negotiated between the parties and whether it provided a fair and reasonable outcome for the employees.

The Fair Work Commission found that the agreement was compliant with the Fair Work Act and contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement was in the best interests of the employees and did not contain any illegal or unfair content. The Commission also determined that the agreement had been genuinely negotiated between the parties and provided a fair and reasonable outcome for the employees. Therefore, the Commission approved the Teekay Shipping (Australia) Pty Ltd AMOU Deck Officers MATV Sycamore Agreement 2017.

The Fair Work Commission's final order was the approval of the Teekay Shipping (Australia) Pty Ltd AMOU Deck Officers MATV Sycamore Agreement 2017. This decision provides certainty for the employer, the MOAA, and the deck officers employed under the agreement, ensuring that their employment terms and conditions are governed by a legally compliant and fair agreement.

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