Teekay Shipping (Australia) Pty Ltd

[2014] FWCA 5305

[2014] FWCA 5305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd
(AG2014/1497)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD AUSTRALIAN MARITIME OFFICERS UNION VALIANT II ENTERPRISE AGREEMENT 2014.

Port authorities
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 AUGUST 2014

Application for approval of the Teekay Shipping (Australia) Pty Ltd Australian Maritime Officers Union Valiant II Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd Australian Maritime Officers’ Union Valiant II Enterprise 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. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement. A copy of the model consultation term is attached to this decision.

[3] An undertaking has been provided by Mr Grant Hardie, Director Human Resources, Teekay Shipping (Australia) Pty Ltd. The written undertaking concerning clause 9.1.1 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[4] The Australian Maritime Officers Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2014. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

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