Teekay Shipping (Australia) Pty Ltd Summary

[2013] FWCA 787

FAIR WORK COMMISSION

DECISION

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

Teekay Shipping (Australia) Pty Ltd
(AG2012/13159)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD / AIMPE (ENGINEER OFFICERS) GOVERNMENT SERVICES & SECURITY FLEET ENTERPRISE AGREEMENT 2011

Maritime industry
VICE PRESIDENT WATSON	SYDNEY, 5 FEBRUARY 2013

Application for approval of the Teekay Shipping (Australia) Pty Ltd / AIMPE (Engineer Officers) Government Services & Security Fleet Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd / AIMPE (Engineer Officers) Government Services & Security Fleet 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.

[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 Institute of Marine and Power Engineers 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 12 February 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

Teekay Shipping (Australia) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement that was negotiated with the Australian Institute of Marine and Power Engineers (Engineer Officers). The Fair Work Commission was required to determine whether the agreement complied with the provisions of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement had been fairly negotiated and if it contained all the mandated terms and conditions.

The Commission found that the agreement had been fairly negotiated as it was made in good faith and covered all necessary terms and conditions. The agreement included provisions for pay rates, conditions of employment, dispute resolution mechanisms and other matters required by the Fair Work Act. The Commission also noted that the agreement provided for adequate consultation and information exchange between the employer and the union. Consequently, the Commission approved the agreement, finding that it met the legal requirements.

In reaching its decision, the Commission emphasised the importance of good faith bargaining and the need for enterprise agreements to be comprehensive and include all mandated terms and conditions. The Commission also noted that the agreement provided for a fair and effective dispute resolution mechanism. Given the compliance of the agreement with the statutory requirements, the Commission approved the agreement and it is now binding on the parties.

The Fair Work Commission approved the enterprise agreement between Teekay Shipping (Australia) Pty Ltd and the Australian Institute of Marine and Power Engineers (Engineer Officers). This decision confirms the importance of ensuring that enterprise agreements are fairly negotiated and contain all required terms and conditions. The approved agreement is now binding on both parties.

Teekay Shipping (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established