[2013] FWCA 790 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Teekay Shipping (Australia) Pty Ltd
(AG2013/66)
TEEKAY SHIPPING (AUSTRALIA) PTY LTD / AMOU (DECK 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 / AMOU (Deck 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 / AMOU (Deck 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] A written undertaking dated 4 February 2013 concerning accrual of personal leave has been received from the employer. In accordance with s.190(4) the view of the bargaining representative, the Australian Maritime Officers’ Union (AMOU) has been sought in relation to the undertaking. Pursuant to s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.
[4] The AMOU 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 12 February 2013. The nominal expiry date of the Agreement is 7 October 2015.
VICE PRESIDENT WATSON
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- AGLC
- Teekay Shipping (Australia) Pty Ltd [2013] FWCA 790
- Case
- [2013] FWCA 790
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the agreement provided for the fair and equitable treatment of employees, particularly in terms of the protections and entitlements provided. The Commission needed to assess whether the agreement contained minimum terms and conditions, including those relating to remuneration, working hours, leave, and other employment-related matters, and whether these terms and conditions were fair and reasonable. Additionally, the Commission had to consider whether the agreement complied with any relevant industrial laws and whether it was genuinely negotiated between the employer and the union.
In reaching its decision, the Commission examined the terms of the agreement and the submissions made by both parties. The Commission found that the agreement contained appropriate minimum terms and conditions that were fair and reasonable, taking into account the specific circumstances of the employees and the nature of the work involved. The Commission also noted that the agreement had been negotiated in good faith between the employer and the union, and that it provided for adequate protections and entitlements for the employees. Consequently, the Commission approved the agreement, finding that it met the legal requirements for approval under the Fair Work Act 2009.
The final order of the Commission was that the Teekay Shipping (Australia) Pty Ltd / AMOU (Deck Officers) Government Services & Security Fleet Enterprise Agreement 2011 be approved and registered with the Fair Work Commission. This decision allows the agreement to take effect and govern the employment conditions of the employees covered by the agreement, providing a legally binding framework for the relationship between the employer and the employees.
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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