| [2025] FWCA 41 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Teekay Shipping (Australia) Pty Ltd
(AG2024/4940)
TEEKAY SHIPPING (AUSTRALIA) PTY LTD AMOU MASTERS & DECK OFFICERS MERCATOR AGREEMENT 2024
| Maritime industry | |
| COMMISSIONER SLOAN | SYDNEY, 7 JANUARY 2025 |
Application for approval of the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers Mercator Agreement 2024
Teekay Shipping (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers Mercator Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Australian Maritime Officers Union (“AMOU”) was a bargaining representative for the Agreement. It supports approval of the Agreement.
Teekay Shipping has provided a written undertaking (“Undertaking”). A copy of the Undertaking is attached in Annexure A. The Commission sought the views of the AMOU in respect of the Undertaking. I am satisfied that the Undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.
Pursuant to s 190(3) of the Act, I accept the Undertaking. The Undertaking is taken to be a term of the Agreement.
Having regard to the Undertaking and the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The AMOU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the AMOU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 14 January 2025. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Teekay Shipping (Australia) Pty Ltd [2025] FWCA 41
- Case
- [2025] FWCA 41
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the agreement complied with the mandatory requirements of the Fair Work Act, including provisions relating to minimum entitlements, dispute resolution mechanisms, and the overall fairness of the terms. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring that the terms were not overly disadvantageous to the employees.
The court deliberated on these issues by examining the provisions of the proposed agreement against the legislative framework. The court found that the agreement included all necessary minimum entitlements and provided clear and accessible dispute resolution mechanisms. It was determined that the terms, while stringent, were fair and reasonable given the nature of the work and the industry standards. Consequently, the court approved the agreement, recognising its compliance with the statutory requirements and its balanced approach to the interests of both parties.
As a result of the court's decision, the Teekay Shipping (Australia) Pty Ltd AMOU Masters & Deck Officers Mercator Agreement 2024 has been approved and is now in effect. This decision sets a precedent for future agreements within the maritime industry, ensuring that they meet the necessary legal standards and provide fair terms for the employees involved.
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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