Teekay Shipping (Australia) Pty Ltd

[2016] FWCA 625

[2016] FWCA 625

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2016/29)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD NINGALOO VISION

AIMPE FAIR WORK AGREEMENT 2015

Oil and gas industry

COMMISSIONER CAMBRIDGE SYDNEY, 1 FEBRUARY 2016

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

Fair Work Agreement 2015.

[1]        An application has been made for approval of an enterprise agreement known as the

Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AIMPE Fair Work 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 Employer). The Agreement is a

single-enterprise agreement.

[2]        The application was lodged at Sydney on 8 January 2016. The application included a

Statutory Declaration of Grant Hardie made on behalf of the Employer and dated 8 January

2016 (the Declaration). The Declaration stated that the Agreement was made on 29 December

2015. Therefore the application was lodged within the 14 day time limit established by

subsection 185 (3) of the Act.

[3]        Part 2-4 of the Act includes various procedural requirements that must be satisfied

before the Fair Work Commission (the Commission) can approve of an enterprise agreement.

I have reviewed the contents of the Declaration and I am satisfied that the procedural

requirements of Part 2-4 of the Act have been met.

[4]        The application for approval was listed for Hearing in Chambers before the

Commission on 1 February 2016. I note that the file has included a Statutory Declaration of

Martin Byrne made on behalf of The Australian Institute of Marine and Power Engineers (the

AIMPE), as an employee organisation in relation to the application.

[5]        I note that the Agreement contains a flexibility term at clause 9 and a consultation

term at clause 32.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are

relevant to this application for approval have been met.
[2016] FWCA 625

[7]        The AIMPE, being a bargaining representative for the Agreement, has given notice

under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201

(2) of the Act I note that the Agreement covers the AIMPE.

[8]        The Agreement is approved. In accordance with subsection 54 (1) of the Act it will

operate from 8 February 2016. The nominal expiry date of the Agreement as specified in

clause 5 of the Agreement, is 30 June 2019.

COMMISSIONER

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