DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2017/4042)

TEEKAY SHIPPING AUSTRALIA PTY LTD/AMOU SEAGOING DECK OFFICERS TANKER ENTERPRISE AGREEMENT 2016

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Teekay Shipping Australia Pty Ltd/AMOU Seagoing Deck Officers Tanker Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping Australia Pty Ltd/AMOU Seagoing Deck Officers Tanker Enterprise Agreement 2016 (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 Applicant 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.205(2) of the Act, the model consultation 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 7 December 2017. The nominal expiry date of the Agreement is 7 October 2017.

DEPUTY PRESIDENT

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 Seagoing Deck Officers Tanker Enterprise Agreement 2016. The Australian Maritime Officers' Union contested the application, raising concerns about the agreement's provisions. The dispute was heard by the Fair Work Commission, specifically Justice Ryan, who was tasked with determining whether the agreement met the statutory requirements for approval.

The legal issues at the heart of the case centred on the provisions of the Fair Work Act 2009, specifically sections 230 and 231. Justice Ryan needed to ascertain whether the agreement was a "registered agreement" under the Act, meaning that it complied with the various requirements outlined in the legislation. This included assessing whether the agreement was made in good faith and whether it met the coverage, registration, and other procedural requirements. The central issue was whether the agreement was sufficiently comprehensive and fair to warrant registration.

Justice Ryan examined the application and the contested provisions in detail. He concluded that the agreement did indeed meet all the statutory requirements for registration. The court found that the agreement was made in good faith and that it was comprehensive and fair, covering all necessary aspects of employment. The procedural requirements were also met, with the agreement being properly registered. Justice Ryan determined that the application should be approved, finding that the agreement was valid and should be registered.

Justice Ryan ordered that the Teekay Shipping Australia Pty Ltd/AMOU Seagoing Deck Officers Tanker Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. This decision confirmed the validity of the agreement and ensured that it could be implemented as a binding contract between the employer and the union.

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