DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2014/8389)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD - AIMPE (SHELL TANKERS) ENTERPRISE AGREEMENT 2013

Maritime industry
COMMISSIONER CAMBRIDGE	SYDNEY, 18 DECEMBER 2014

Application for approval of the Teekay Shipping (Australia) Pty Ltd - AIMPE (Shell Tankers) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TEEKAY SHIPPING (AUSTRALIA) PTY LTD - AIMPE (Shell Tankers) ENTERPRISE AGREEMENT 2013 (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 2 December 2014. The application included a Statutory Declaration of Grant Hardie made on behalf of the Employer and dated 1 December 2014, (the Declaration). The Declaration stated that the Agreement was made on 1 December 2014. 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 18 December 2014. I note that the file has included a Statutory Declaration of Joseph Fallone 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 37 and a consultation term at clause 38.

[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.

[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 25 December 2014. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 7 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Teekay Shipping (Australia) Pty Ltd, the Fair Work Commission was tasked with approving the Enterprise Agreement between Teekay Shipping and the Australian Institute of Marine and Power Engineers (AIMPE). This dispute arose as part of the process of ensuring that the agreement met the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and whether it complied with the procedural requirements for enterprise agreements.

The central legal issues revolved around the fairness of the terms and conditions stipulated in the agreement, as well as the compliance with the procedural requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to examine whether the agreement was made in good faith, and whether it provided for the minimum entitlements as outlined in the Act. Furthermore, the Commission had to verify if the agreement was the product of proper bargaining processes, including the provision of relevant information and opportunity for consultation.

The Commission found that the agreement met all the necessary criteria for approval. It was determined that the terms and conditions were fair and reasonable, providing for adequate protections and benefits for the employees. The Commission was satisfied that the agreement was made in good faith and that the bargaining process was conducted appropriately. Consequently, the Commission approved the Enterprise Agreement, finding that it complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009.

As a result of the Commission's decision, the Enterprise Agreement between Teekay Shipping and the AIMPE was approved, effective from the date specified in the agreement. The approval signifies that the terms and conditions outlined in the agreement will govern the employment relationship between the parties, provided they adhere to the agreed-upon terms.

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