Teekay Shipping (Australia) Pty Ltd
[2024] FWCA 4316
•4 DECEMBER 2024
| [2024] FWCA 4316 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185—Enterprise agreement
Teekay Shipping (Australia) Pty Ltd
(AG2024/4361)
TEEKAY SHIPPING (AUSTRALIA) PTY LTD FREMANTLE BUNKERING FACILITY OFFICERS GREENFIELDS AGREEMENT 2024
| Maritime industry | |
| COMMISSIONER LIM | PERTH, 4 DECEMBER 2024 |
Application for approval of the Teekay Shipping (Australia) Pty Ltd Fremantle Bunkering Facility Officers Greenfields Agreement 2024.
Teekay Shipping (Australia) Pty Ltd (the Applicant) has made an application for the approval of a greenfields agreement known as the Teekay Shipping (Australia) Pty Ltd Fremantle Bunkering Facility Officers Greenfields Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth) (the Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.
I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (NES):
(a)Clause 15.5 of the Agreement states that only enterprise service with the Employer shall be recognised for purposes of long service leave. It goes on to define “Enterprise service” as meaning service with the Employer from the date of permanent appointment with the Employer. This appears to exclude casual employees from long service leave entitlements which may be inconsistent with the Long Service Leave Act 1958 (WA).
(b)Clause 16.5(b) of the Agreement appears to only provide casual employees with 10 unpaid days of family and domestic violence leave. Section 106A of the Act provides 10 paid days leave for all employees and so this appears to be inconsistent with the NES.
However, I am satisfied that under clause 6(c) of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The model flexibility term prescribed by the Regulations is attached to the Agreement and taken to be a term of it.
In accordance with s 187(5)(a) of the Act, I am satisfied that The Australian Institute of Marine and Power Engineers (AIMPE) and The Australian Maritime Officers' Union (AMOU) (together, the organisations) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisations and that the Agreement covers them.
Pursuant to s 201(2A) of the Act I note the Agreement covers the organisations.
The Agreement was approved on 4 December 2024 and, in accordance with s 54, will operate from 11 December 2024. The nominal expiry date of the Agreement is 4 December 2028.
COMMISSIONER
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