DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2015/6751)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD NINGALOO VISION AMOU AWU MUA FAIR WORK AGREEMENT 2015

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2015

Application for approval of the Teekay Shipping (Australia) Pty Ltd Ningaloo Vision AMOU AWU MUA 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 AMOU AWU MUA 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 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] The Australian Maritime Officers’ Union, The Australian Workers’ Union and The Maritime Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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 Ningaloo Vision AMOU AWU MUA Fair Work Agreement 2015. The dispute involved the application for the approval of a new enterprise agreement between the employer and certain employees represented by the Australian Maritime Officers’ Union, the Australian Workers’ Union, and the Maritime Union of Australia. The application was brought before the Fair Work Commission, which has the jurisdiction to approve, modify, and reject enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act, including whether the agreement was made in good faith and whether it provided for the proper negotiation process. The court had to consider whether the agreement provided for the employees’ terms and conditions of employment, including wages, hours of work, and other matters, and whether it complied with the provisions of the Act. The court also needed to determine if the agreement was likely to achieve a better outcome for the employees than the applicable awards or other industrial instruments.

The Fair Work Commission found that the agreement met the requirements for approval under the Fair Work Act. The Commission was satisfied that the agreement was made in good faith and that the proper negotiation process was followed. The Commission also found that the agreement provided for the employees’ terms and conditions of employment and that it complied with the provisions of the Act. The Commission considered that the agreement was likely to achieve a better outcome for the employees than the applicable awards or other industrial instruments. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Ningaloo Vision AMOU AWU MUA Fair Work Agreement 2015. The Commission ordered that the agreement be registered and have effect as a registered agreement under the Fair Work Act. The agreement provides for the employees’ terms and conditions of employment, including wages, hours of work, and other matters, and it is likely to achieve a better outcome for the employees than the applicable awards or other industrial instruments. The approval of the agreement ensures that the employees have a fair and effective enterprise agreement that meets the requirements of the Fair Work Act.

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