Teekay Shipping Australia Pty Ltd

[2014] FWCA 6364

FAIR WORK COMMISSION

DECISION

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

Teekay Shipping Australia Pty Ltd
(AG2014/7389)

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

Maritime industry
COMMISSIONER CAMBRIDGE	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Teekay Shipping Australia Pty Ltd AMOU (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 AMOU (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 4 September 2014. The application included a Statutory Declaration of Grant Lawton Hardie made on behalf of the Employer and dated 28 August 2014, (the Declaration). The Declaration stated that the Agreement was made on 25 August 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 12 September 2014. I note that the file has included a Statutory Declaration of John Wydell made on behalf of the Australian Maritime Officers’ Union (the AMOU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 11 and a consultation term at clause 12.

[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 AMOU, 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 AMOU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 19 September 2014. The nominal expiry date of the Agreement as specified in clause 4.1 of the Agreement, is 7 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Teekay Shipping Australia Pty Ltd, the Fair Work Commission was called upon to determine whether to approve the Teekay Shipping Australia Pty Ltd AMOU (Shell Tankers) Enterprise Agreement 2013. The agreement was a subject of negotiation between the employer and the Australian Maritime Officers' Union (AMOU). The dispute centred on the terms and conditions of employment for the employees under the proposed agreement, specifically whether they met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the court were whether the agreement was a bona fide attempt to bargain in good faith, if the agreement was made free from any form of coercion or undue influence, and whether it complied with the provisions of the Fair Work Act, including minimum entitlements and protections for employees. Additionally, the court needed to assess whether the agreement provided fair and reasonable terms for the employees, considering industry standards and existing awards.

The Fair Work Commission found that the agreement was indeed a bona fide attempt to bargain in good faith, made without any form of coercion or undue influence. The Commission confirmed that the agreement met the statutory requirements under the Fair Work Act. It was also found that the agreement provided fair and reasonable terms for the employees, taking into account industry standards and existing awards. Consequently, the Commission approved the Teekay Shipping Australia Pty Ltd AMOU (Shell Tankers) Enterprise Agreement 2013.

The Commission's decision was based on a comprehensive review of the negotiation process, the content of the agreement, and its alignment with the statutory framework. The approval of the agreement ensures that the terms and conditions of employment for the employees are fair, reasonable, and in compliance with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established