DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2017/5202)

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

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Teekay Shipping (Australia) Pty Ltd AIMPE 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 AIMPE 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 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.

[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

The application before the Fair Work Commission (FWC) concerned the approval of the Teekay Shipping (Australia) Pty Ltd AIMPE Coral Knight Enterprise Agreement 2017. The applicant, Teekay Shipping, sought approval of the agreement, which aimed to regulate the employment terms and conditions for employees involved in the operation of the Coral Knight vessel. The Australian Maritime Industrial Officers’ Enterprise Association (AMIOEA) opposed the application, arguing that the agreement did not adequately address certain provisions concerning employment conditions, leave entitlements, and dispute resolution mechanisms.

The primary legal issue before the FWC was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was a “better off overall” (BOO) agreement, meaning that the employees would be better off overall under the new agreement than they would be under the applicable award. The FWO also needed to assess whether the agreement complied with the procedural requirements for its approval, including whether it was made in good faith and without coercion.

In its decision, the FWC found that the agreement did indeed provide employees with benefits that made them better off overall compared to their previous award conditions. The FWC noted that the agreement included provisions for increased wages, improved leave entitlements, and a more streamlined dispute resolution process. The FWC was satisfied that the agreement was made in good faith and without coercion, and it concluded that all procedural requirements for approval had been met. As a result, the FWC granted the application and approved the Teekay Shipping (Australia) Pty Ltd AIMPE Coral Knight Enterprise Agreement 2017.

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