Teekay Shipping (Australia) Pty Ltd

[2013] FWCA 4641

FAIR WORK COMMISSION

DECISION

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

Teekay Shipping (Australia) Pty Ltd
(AG2013/1798)

TEEKAY SHIPPING AUSTRALIA PTY LTD MUA (SHELL TANKERS) ENTERPRISE AGREEMENT 2011

Maritime industry
VICE PRESIDENT WATSON	SYDNEY, 12 JULY 2013

Application for approval of the Teekay Shipping Australia Pty Ltd MUA (Shell Tankers) Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping Australia Pty Ltd MUA (Shell Tankers) Enterprise Agreement 2011 (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] 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 19 July 2013. The nominal expiry date of the Agreement is 7 October 2015.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Teekay Shipping (Australia) Pty Ltd and its employees represented by the Maritime Union of Australia (Shell Tankers). The dispute centred around the application for approval of the Teekay Shipping Australia Pty Ltd MUA (Shell Tankers) Enterprise Agreement 2011. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement provided for fair and reasonable terms and conditions, if the agreement had been genuinely negotiated, and if it contained all the mandatory terms and conditions prescribed by the Act. Additionally, the Commission had to consider whether the agreement was in compliance with the public interest and whether it adhered to the procedural fairness standards.

In examining the application, the Commission evaluated the terms and conditions of the agreement, the negotiation process, and the compliance with mandatory provisions. The Commission found that the agreement was fairly negotiated and contained all mandatory terms and conditions. It was also determined that the agreement was in the public interest and complied with procedural fairness standards. Consequently, the Commission approved the enterprise agreement, recognising it as meeting the legislative requirements for registration.

The Fair Work Commission approved the Teekay Shipping Australia Pty Ltd MUA (Shell Tankers) Enterprise Agreement 2011, registering it as compliant with the Fair Work Act 2009. This decision ensured that the terms and conditions of employment were fair and reasonable, genuinely negotiated, and in compliance with all legal and public interest criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established