DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Queensland Bulk Ports Corporation
(AG2015/7418)

NORTH QUEENSLAND BULK PORTS CORPORATION ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 16 DECEMBER 2015

Application for approval of the North Queensland Bulk Ports Corporation Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as NORTH QUEENSLAND BULK PORTS CORPORATION ENTERPRISE AGREEMENT 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North Queensland Bulk Ports Corporation. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the North Queensland Bulk Ports Corporation (NQBPC), applied to the Fair Work Commission for approval of the North Queensland Bulk Ports Corporation Enterprise Agreement 2015. The Fair Work Commission was required to decide whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission needed to consider whether the agreement contained the minimum terms and conditions of employment that are to be set by modern awards and whether it was made in good faith.

The Commission found that the agreement did contain the minimum terms and conditions of employment as required by section 223 of the Fair Work Act 2009. The agreement provided for terms and conditions of employment not less favourable than those contained in the relevant modern award, the Water Industry Maritime and Port Authority Award 2010. The Commission also found that the agreement was made in good faith and had been negotiated in accordance with the relevant provisions of the Fair Work Act 2009. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009 and approved the agreement.

The Fair Work Commission approved the North Queensland Bulk Ports Corporation Enterprise Agreement 2015, finding that it met the requirements for approval under the Fair Work Act 2009. The Commission found that the agreement contained the minimum terms and conditions of employment and was made in good faith. The agreement provides for terms and conditions of employment not less favourable than those contained in the relevant modern award and was negotiated in accordance with the relevant provisions of the Fair Work Act 2009.

North Queensland Bulk Ports Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established