[2013] FWCA 2404 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Teekay Shipping (Australia) Pty Ltd
(AG2013/765)
TEEKAY SHIPPING (AUSTRALIA) PTY LTD / MUA HAY POINT TOWAGE SERVICES (GENERAL PURPOSE HANDS) AGREEMENT 2012.
Maritime industry | |
VICE PRESIDENT WATSON | SYDNEY, 19 APRIL 2013 |
Application for approval of the Teekay Shipping (Australia) Pty Ltd / MUA Hay Point Towage Services (General Purpose Hands) Agreement 2012 .
[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd / MUA Hay Point Towage Services (General Purpose Hands) Agreement 2012 (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 26 April 2013. The nominal expiry date of the Agreement is 1 June 2016.
VICE PRESIDENT WATSON
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- AGLC
- Teekay Shipping (Australia) Pty Ltd [2013] FWCA 2404
- Case
- [2013] FWCA 2404
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement met the requisite standards set out in the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions of employment, and if it adequately facilitated the efficient operation of the workplace. The Commission also needed to determine if the agreement was made in good faith and if it complied with the relevant provisions of the Fair Work Act. Additionally, the fairness of the proposed terms, the balance of power between the parties, and the impact on the employees were all considered in the decision-making process.
The Commission found that the proposed agreement met the necessary criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, considering the specific circumstances of the workplace. The Commission held that the proposed agreement facilitated the efficient operation of the workplace and was made in good faith. Furthermore, the Commission concluded that the agreement provided an appropriate balance of power between the parties and would not adversely affect the employees' rights or interests. Consequently, the application for the approval of the agreement was approved by the Fair Work Commission.
The final orders of the Commission were that the Teekay Shipping (Australia) Pty Ltd / MUA Hay Point Towage Services (General Purpose Hands) Agreement 2012 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be applicable to the employees covered by it and will regulate their terms and conditions of employment.
Orders
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Background
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