Teekay Shipping (Australia) Pty Ltd Summary

[2024] FWC 2228

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

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.

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.

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

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

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.

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

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Teekay Shipping (Australia) Pty Ltd, applied for approval of the Teekay Shipping (Australia) Pty Ltd CFMEU Guidance Enterprise Agreement 2024. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application on the basis that the agreement failed to comply with certain provisions of the Fair Work Act 2009 (Cth). The primary dispute centred around the interpretation and application of the statutory requirements for enterprise agreements, specifically focusing on the terms concerning employee entitlements, conditions, and the process of agreement making.

The legal issues before the Commission included whether the agreement met the statutory criteria for approval under the Fair Work Act, including the requirement for the agreement to provide for the terms and conditions of employment and whether the agreement had been made in accordance with the mandatory provisions set out in the Act. The Commission had to determine if the agreement was procedurally sound, particularly in light of the CFMEU's contention that the agreement did not appropriately represent the interests of the employees. Additionally, the Commission examined whether the agreement sufficiently addressed the key terms and conditions as required by law, including any potential contraventions of minimum standards.

The Commission found that the agreement largely complied with the statutory requirements for enterprise agreements. It held that the agreement provided for the terms and conditions of employment and that the process for making the agreement was fair and in accordance with the Act. The Commission noted that the agreement contained provisions that aligned with the minimum standards set out in the Fair Work Act and other applicable awards. Furthermore, the Commission considered the evidence presented by both parties and concluded that the agreement was made without any procedural irregularities. As a result, the application for approval was upheld.

The Fair Work Commission approved the Teekay Shipping (Australia) Pty Ltd CFMEU Guidance Enterprise Agreement 2024. The decision was made on the basis that the agreement met the statutory criteria for approval, provided for the terms and conditions of employment, and was made in accordance with the Fair Work Act. The Commission's decision ensures that the agreement will govern the employment conditions of the parties for the specified period.

Teekay Shipping (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established