Application for approval of the Teekay Shipping (Australia) Pty Ltd CFMEU Defence Services Mercator Enterprise Agreement 2025.

[1] An application has been made for approval of an enterprise agreement to be known as the Teekay Shipping (Australia) Pty Ltd CFMEU Defence Services Mercator Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Teekay Shipping (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 6 February 2026. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Ports, Harbours and Enclosed Water Vessels Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2026. The nominal expiry date of the Agreement is 30 June 2029.

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