DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teekay Shipping (Australia) Pty Ltd T/A Teekay Shipping (Australia) Pty Ltd
(AG2017/424)

AIMPE VACAMONTE BROWNFIELD AGREEMENT 2016

Port authorities
COMMISSIONER GREGORY	MELBOURNE, 30 MARCH 2017

Application for approval of the AIMPE Vacamonte Brownfield Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AIMPE Vacamonte Brownfield Agreement 2016 (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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Institute of Marine and Power Engineers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2017. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd, trading as Teekay Shipping (Australia) Pty Ltd, brought an application before the Fair Work Commission for the approval of the AIMPE Vacamonte Brownfield Agreement 2016. The application sought the Commission's endorsement of the agreement, which was intended to cover employees who are part of the AIMPE Vacamonte Brownfield workforce. The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its fairness and the procedural fairness in its creation.

The Commission examined the agreement's provisions and the process through which it was negotiated and agreed upon. The court considered whether the agreement met the criteria for approval, including whether it contained minimum terms and conditions of employment and whether it was made in good faith and without coercion. Furthermore, the Commission assessed whether the process leading to the agreement's formation was fair and transparent, ensuring that the employees had an adequate opportunity to participate in the negotiations.

In its decision, the Fair Work Commission determined that the AIMPE Vacamonte Brownfield Agreement 2016 met the necessary requirements for approval. The Commission found that the agreement contained the requisite minimum terms and conditions and was made in good faith. The procedural fairness of the agreement's formation was also upheld, as the Commission was satisfied that the employees had an appropriate opportunity to participate in the negotiation process. Consequently, the Commission approved the agreement, acknowledging its compliance with the legislative standards.

The final orders of the Fair Work Commission were that the AIMPE Vacamonte Brownfield Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees as specified. This approval signified that the agreement could operate as a valid industrial instrument, governing the employment conditions of the covered workforce.

Teekay Shipping (Australia) Pty Ltd T/A Teekay Shipping (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established