Teekay Shipping (Australia) Pty Ltd

Case [2024] FWCA 4082

[2024] FWCA 4082

The attached document replaces the document previously issued with the above code on 20 August 2024.

  • 'The attached document wholly replaces the document previously issued with code 2024FWC2228 to correct document referencing.

Associate to Deputy President Cross

Dated 22 November 2024

[2024] FWCA 4082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Teekay Shipping (Australia) Pty Ltd

(AG2024/2789)

TEEKAY SHIPPING (AUSTRALIA) PTY LTD CFMEU GUIDANCE ENTERPRISE AGREEMENT 2024

Maritime industry

DEPUTY PRESIDENT CROSS

SYDNEY, 20 AUGUST 2024

Application for approval of the Teekay Shipping (Australia) Pty Ltd CFMEU Guidance Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd CFMEU Guidance Enterprise Agreement 2024 (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. The Agreement is a single enterprise agreement.

  1. 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.

  1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Seagoing Industry Award 2020 is taken to be a term of the Agreement

  1. I note that the Agreement contains an NES precedence clause at cl.8, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

  1. The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2024. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525856 PR778495>

Details
AGLC
Teekay Shipping (Australia) Pty Ltd [2024] FWCA 4082
Case
[2024] FWCA 4082
Decision Date

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for the approval of the Teekay Shipping (Australia) Pty Ltd CFMEU Guidance Enterprise Agreement 2024. Teekay Shipping (Australia) Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union, sought the FWC's approval of the enterprise agreement. The dispute centred around the terms and conditions of employment for employees within the maritime industry, specifically those covered by the proposed agreement.

The legal issues before the FWC included whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning minimum rates of pay, hours of work, and other conditions of employment. The FWC also had to determine whether the agreement was fair and reasonable, considering the interests of both the employees and the employer, and whether it provided for a streamlined process for resolving disputes.

In delivering its decision, the FWC examined the proposed terms and conditions against the legislative criteria set out in the Fair Work Act. The FWC found that the agreement provided for fair and reasonable terms and conditions, taking into account the need for a balanced outcome that recognised the interests of both parties. The FWC also noted that the agreement included provisions for the resolution of disputes, which it considered to be a streamlined process that would facilitate the efficient resolution of any future disputes. Based on these findings, the FWC approved the Teekay Shipping (Australia) Pty Ltd CFMEU Guidance Enterprise Agreement 2024.

The final orders of the FWC were that the Teekay Shipping (Australia) Pty Ltd CFMEU Guidance Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered from the date of the FWC's decision and would be in effect until such time as it was terminated, varied, or replaced by a new agreement.

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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