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

Case [2022] FWCA 3514
[2022] FWCA 3514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4070)

Teekay Shipping (Australia) Pty Ltd AIMPE Coral Knight Enterprise Agreement 2022

Maritime industry

COMMISSIONER JOHNS

MELBOURNE, 10 OCTOBER 2022

Application for approval of the Teekay Shipping (Australia) Pty Ltd AIMPE Coral Knight Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Teekay Shipping (Australia) Pty Ltd AIMPE Coral Knight Enterprise Agreement 2022 (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 T/A 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. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517722  PR746667>

Details
AGLC
Teekay Shipping (Australia) Pty Ltd T/A Teekay Shipping (Australia) Pty Ltd [2022] FWCA 3514
Case
[2022] FWCA 3514
Decision Date

CaseChat Overview and Summary

The case involved Teekay Shipping (Australia) Pty Ltd, which applied for the approval of the Teekay Shipping (Australia) Pty Ltd AIMPE Coral Knight Enterprise Agreement 2022. The application was heard in the Fair Work Commission (FWC). The primary issue before the FWC was whether the proposed enterprise agreement met the legal criteria for approval under the Fair Work Act 2009, particularly in terms of whether it provided for the fair and reasonable terms of employment, and whether it had been genuinely agreed upon by the parties involved.

The FWC examined the procedural fairness of the agreement, ensuring that it was negotiated in good faith and that there was adequate representation and consultation of the employees. The FWC also evaluated the substantive terms of the agreement, including wages, conditions, and other employment terms, to ascertain if they were fair and reasonable. The FWC took into account the parties' submissions and any relevant evidence provided to determine whether the agreement satisfied the legal standards for approval.

After reviewing the evidence and submissions, the FWC determined that the proposed enterprise agreement met all the necessary criteria for approval. The FWC found that the agreement was fairly and reasonably negotiated, adequately represented the interests of the employees, and contained terms that were fair and reasonable. Consequently, the FWC approved the Teekay Shipping (Australia) Pty Ltd AIMPE Coral Knight Enterprise Agreement 2022. The decision was based on a comprehensive assessment of both the procedural and substantive aspects of the agreement, ensuring compliance with the requirements set out in the Fair Work Act 2009.

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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