DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2017/1148)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD / AIMPE (ENGINEER OFFICERS) DRY CARGO FLEET ENTERPRISE AGREEMENT 2015

Maritime industry
COMMISSIONER SAUNDERS	NEWCASTLE, 19 APRIL 2017

Application for approval of the Teekay Shipping (Australia) Pty Ltd / AIMPE (Engineer Officers) Dry Cargo Fleet Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd / AIMPE (Engineer Officers) Dry Cargo Fleet Enterprise Agreement 2015 (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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2017. The nominal expiry date of the Agreement is 7 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Teekay Shipping (Australia) Pty Ltd applied for approval of the Teekay Shipping (Australia) Pty Ltd / AIMPE (Engineer Officers) Dry Cargo Fleet Enterprise Agreement 2015. The application was made under section 233 of the Fair Work Act 2009, seeking the Fair Work Commission's approval of the agreement. The AIMPE sought to intervene in the application on the basis of its members' interest in the enterprise agreement.

The key legal issue before the court was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained the minimum terms and conditions required by the Act and if it was made in good faith and without coercion. The court also needed to consider whether the agreement provided for a proper process for the resolution of disputes.

The Fair Work Commission held that the agreement met the requirements of the Fair Work Act 2009. The Commission found that the agreement contained the minimum terms and conditions required by the Act and that it was made in good faith and without coercion. The Commission also found that the agreement provided for a proper process for the resolution of disputes. The Commission approved the agreement, finding that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the Teekay Shipping (Australia) Pty Ltd / AIMPE (Engineer Officers) Dry Cargo Fleet Enterprise Agreement 2015. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and that it was in the best interests of the employees and the employer. The agreement was therefore approved and will come into effect on the date of the Commission's decision.

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