Teekay Shipping (Australia) Pty Ltd

Case [2013] FWCA 1636

[2013] FWCA 1636

FAIR WORK COMMISSION

DECISION

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

Teekay Shipping (Australia) Pty Ltd
(AG2013/547)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD / AMOU HAY POINT TOWAGE SERVICES (MASTERS) AGREEMENT 2012

Maritime industry

VICE PRESIDENT WATSON

SYDNEY, 18 MARCH 2013

Application for approval of the Teekay Shipping (Australia) Pty Ltd / AMOU Hay Point Towage Services (Masters) Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd / AMOU Hay Point Towage Services (Masters) 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 Australian Maritime Officers’ Union 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 25 March 2013. The nominal expiry date of the Agreement is 1 June 2016.

VICE PRESIDENT WATSON

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Details
AGLC
Teekay Shipping (Australia) Pty Ltd [2013] FWCA 1636
Case
[2013] FWCA 1636
Decision Date

CaseChat Overview and Summary

The parties involved in this case were Teekay Shipping (Australia) Pty Ltd and AMOU Hay Point Towage Services. The dispute was regarding the approval of the Teekay Shipping (Australia) Pty Ltd / AMOU Hay Point Towage Services (Masters) Agreement 2012. The case was heard in the Fair Work Commission. The legal issues at hand revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "single interest" agreement, if it was "independently and fairly negotiated", and if it covered terms and conditions of employment.

In its reasoning, the Commission considered the evidence presented by both parties, including the negotiation process and the content of the agreement. The Commission found that the agreement was a single interest agreement as it was between an employer and their employees. Furthermore, the Commission was satisfied that the agreement was independently and fairly negotiated, and that it covered terms and conditions of employment. The Commission also took into account the fact that the agreement provided for a dispute resolution process, which was in line with the principles of the Fair Work Act.

As a result of the Commission's findings, the Teekay Shipping (Australia) Pty Ltd / AMOU Hay Point Towage Services (Masters) Agreement 2012 was approved. The Commission made orders to this effect and directed that the agreement be registered with the Fair Work Commission. This decision provides clarity for both parties on the terms and conditions of employment and ensures that the agreement is in line with the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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