DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2017/5190)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD AMOU CORAL KNIGHT ENTERPRISE AGREEMENT 2017

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Teekay Shipping (Australia) Pty Ltd AMOU Coral Knight Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AMOU Coral Knight 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] 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.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 24 November 2017. The nominal expiry date of the Agreement is 16 November 2021.

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 Coral Knight Enterprise Agreement 2017. The dispute centred on the validity of the agreement, with arguments from both the employer and the Australian Maritime Officers’ Union regarding its compliance with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for registration and approval under the Act, focusing on whether the agreement provided for genuine employee consultation and included all necessary provisions.

The Commission examined whether the employer had genuinely consulted with the employees about the agreement and if the agreement contained all the mandatory terms and conditions as required by the Act. The key issue was whether the employer had engaged in sufficient consultation with the union and the employees. The employer argued that it had fulfilled its obligations under the Act, while the union contended that the consultation process was inadequate.

The Fair Work Commission found that the employer had engaged in genuine consultation with the union and the employees. The Commission concluded that the agreement contained all the necessary provisions and complied with the requirements of the Act. As a result, the Commission approved the Teekay Shipping (Australia) Pty Ltd AMOU Coral Knight Enterprise Agreement 2017, deeming it to be a valid enterprise agreement.

The Fair Work Commission ordered the registration of the Teekay Shipping (Australia) Pty Ltd AMOU Coral Knight Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be binding on all parties involved and would govern the terms and conditions of employment for the employees covered by the 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