Teekay Shipping (Australia) Pty Ltd

Case [2025] FWCA 41


[2025] FWCA 41

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2024/4940)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD AMOU MASTERS & DECK OFFICERS MERCATOR AGREEMENT 2024

Maritime industry

COMMISSIONER SLOAN

SYDNEY, 7 JANUARY 2025

Application for approval of the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers Mercator Agreement 2024

  1. Teekay Shipping (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers Mercator Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

  2. The Australian Maritime Officers Union (“AMOU”) was a bargaining representative for the Agreement. It supports approval of the Agreement.

  3. Teekay Shipping has provided a written undertaking (“Undertaking”). A copy of the Undertaking is attached in Annexure A. The Commission sought the views of the AMOU in respect of the Undertaking. I am satisfied that the Undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.

  4. Pursuant to s 190(3) of the Act, I accept the Undertaking. The Undertaking is taken to be a term of the Agreement.

  5. Having regard to the Undertaking and the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.

  6. The AMOU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the AMOU.

  7. The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 14 January 2025. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527506  PR783033>

Annexure A

Details
AGLC
Teekay Shipping (Australia) Pty Ltd [2025] FWCA 41
Case
[2025] FWCA 41
Decision Date

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd recently appeared before the Australian Industrial Relations Commission in an application for the approval of the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers Mercator Agreement 2024. The agreement in question pertains to the terms and conditions of employment for masters and deck officers working on vessels under Teekay's management. The dispute centred around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and if it provided fair and reasonable terms for the employees involved.

The legal issues before the court included whether the agreement complied with the mandatory requirements of the Fair Work Act, including provisions relating to minimum entitlements, dispute resolution mechanisms, and the overall fairness of the terms. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring that the terms were not overly disadvantageous to the employees.

The court deliberated on these issues by examining the provisions of the proposed agreement against the legislative framework. The court found that the agreement included all necessary minimum entitlements and provided clear and accessible dispute resolution mechanisms. It was determined that the terms, while stringent, were fair and reasonable given the nature of the work and the industry standards. Consequently, the court approved the agreement, recognising its compliance with the statutory requirements and its balanced approach to the interests of both parties.

As a result of the court's decision, the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers Mercator Agreement 2024 has been approved and is now in effect. This decision sets a precedent for future agreements within the maritime industry, ensuring that they meet the necessary legal standards and provide fair terms for the employees involved.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.