DECISION

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

Teekay Shipping (Australia) Pty Ltd
(AG2014/10094)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD / AIMPE PORT HEDLAND TOWAGE OPERATIONS ENGINEERS FAIR WORK AGREEMENT 2014

Port authorities
VICE PRESIDENT WATSON	MELBOURNE, 2 DECEMBER 2014

Application for approval of the Teekay Shipping (Australia) Pty Ltd / AIMPE Port Hedland Towage Operations Engineers Fair Work Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd / AIMPE Port Hedland Towage Operations Engineers Fair Work Agreement 2014 (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.

[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] The Australian Institute of Marine and Power Engineers 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.

[4] I note that Teekay has given certain undertakings in relation to the administration of annual leave. These undertakings do not arise from a concern that the Agreement does not meet the requirements of ss. 186 and 187.

[5] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 9 December 2014. The nominal expiry date of the Agreement is 9 December 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Teekay Shipping (Australia) Pty Ltd, sought approval of the Teekay Shipping (Australia) Pty Ltd / AIMPE Port Hedland Towage Operations Engineers Fair Work Agreement 2014. The applicant and the Australian Industrial Maritime and Ports Engineers (AIMPE) had reached an agreement, which was to be approved by the Fair Work Commission. The Fair Work Commission was required to consider whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009. The applicant argued that the agreement was a genuine enterprise agreement and met all necessary criteria. The Commission had to determine if the agreement was made in good faith and represented the interests of the employees fairly and equitably.

The Commission found that the agreement was made in good faith and represented the interests of the employees fairly and equitably. The Commission noted that the agreement was negotiated between the parties, and both parties had demonstrated a genuine intention to reach an agreement. The Commission was satisfied that the agreement met all the criteria for approval under the Fair Work Act 2009. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Teekay Shipping (Australia) Pty Ltd / AIMPE Port Hedland Towage Operations Engineers Fair Work Agreement 2014. This decision was based on the finding that the agreement was made in good faith and represented the interests of the employees fairly and equitably. The approval was effective from the date of the decision.

Teekay Shipping (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established