Teekay Shipping (Australia) Pty Ltd Summary

[2014] FWCA 8505

FAIR WORK COMMISSION

DECISION

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

Teekay Shipping (Australia) Pty Ltd
(AG2014/9941)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD/MUA PORT HEDLAND TOWAGE OPERATIONS GENERAL PURPOSE HANDS FAIR WORK AGREEMENT 2014

Port authorities
VICE PRESIDENT WATSON	MELBOURNE, 27 NOVEMBER 2014

Application for approval of the Teekay Shipping (Australia) Pty Ltd / MUA Port Hedland Towage Operations General Purpose Hands Fair Work Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd / MUA Port Hedland Towage Operations General Purpose Hands 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 Maritime Union of Australia 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] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 4 December 2014. The nominal expiry date of the Agreement is 4 December 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Teekay Shipping (Australia) Pty Ltd / MUA Port Hedland Towage Operations General Purpose Hands Fair Work Agreement 2014. The Maritime Union of Australia (MUA) opposed the application. The dispute centred on the scope of the proposed agreement, which Teekay sought to have certified as a general purpose agreement. The MUA argued that the proposed agreement did not cover all general purpose employees in the maritime industry, thus falling short of the requirements for a general purpose agreement.

The central legal issue before the Commission was whether the proposed agreement met the criteria for a general purpose agreement under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement covered all general purpose employees in the maritime industry, as required by section 233(1)(b) of the Act. This required the Commission to consider the scope of the agreement and the definition of "general purpose employee" within the context of the maritime industry.

The Fair Work Commission determined that the proposed agreement did indeed cover all general purpose employees in the maritime industry. The Commission found that the agreement was comprehensive and aligned with the definition of a general purpose agreement. The Commission was satisfied that the agreement provided for a wide range of employees, ensuring that it met the legislative requirements for general purpose agreements. Consequently, the Commission approved the application and certified the agreement as a general purpose agreement.

In approving the application and certifying the agreement, the Fair Work Commission made orders that the Teekay Shipping (Australia) Pty Ltd / MUA Port Hedland Towage Operations General Purpose Hands Fair Work Agreement 2014 be approved and certified as a general purpose agreement under section 233 of the Fair Work Act 2009. This decision provided certainty for the parties involved and established the terms and conditions for general purpose employees in the maritime industry.

Teekay Shipping (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established