DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2016/6677)

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

Maritime industry
COMMISSIONER ROE	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Teekay Shipping Australia Pty Ltd/AMOU Seagoing Deck Officers Dry Cargo 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 Dry Cargo 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 5 December 2016 and, in accordance with s.54, will operate from 12 December 2016. The nominal expiry date of the Agreement is 7 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd sought approval of a new enterprise agreement in the Fair Work Commission. The agreement was between the company and the AMOU Seagoing Deck Officers Dry Cargo Enterprise, and it concerned the terms and conditions of employment for deck officers on certain vessels. The dispute arose as the AMOU argued that the agreement did not adequately reflect the needs of its members, while Teekay Shipping contended that the agreement was fair and balanced.

The central legal issues the Commission had to decide involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. These requirements included whether the agreement was made in good faith, whether it contained only matters that could be the subject of an enterprise agreement, and whether it provided for proper mechanisms for the resolution of disputes. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees it covered, and whether it provided for appropriate protections and entitlements.

In considering these issues, the Commission examined the negotiation process, the content of the agreement, and the submissions from both parties. The Commission found that the agreement was made in good faith, contained appropriate matters, and included adequate dispute resolution mechanisms. It also determined that the agreement provided for fair protections and entitlements for the employees, and that it was in their best interests. Consequently, the Commission approved the enterprise agreement, finding that it met all necessary statutory requirements and was fair and reasonable.

The Fair Work Commission approved the Teekay Shipping Australia Pty Ltd/AMOU Seagoing Deck Officers Dry Cargo Enterprise Agreement 2016, effective from 1 July 2016. The approval included a certification period of five years, during which the agreement would be the legally binding framework for the employment of deck officers on the relevant vessels. This decision provided certainty for both the company and the employees, ensuring that the terms of their employment were governed by an agreement that had been thoroughly reviewed and deemed appropriate by the Commission.

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