North Queensland Bulk Ports Corporation Limited T/A North Queensland Bulk Ports Corporation Limited

[2023] FWCA 398

[2023] FWCA 398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

North Queensland Bulk Ports Corporation Limited T/A North Queensland Bulk Ports Corporation Limited

(AG2022/5541)

NORTH QUEENSLAND BULK PORTS CORPORATION ENTERPRISE AGREEMENT 2022

Port authorities
COMMISSIONER SCHNEIDER	PERTH, 8 FEBRUARY 2023

Application for approval of the North Queensland Bulk Ports Corporation Enterprise Agreement 2022

1. North Queensland Bulk Ports Corporation Limited T/A North Queensland Bulk Ports Corporation Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the North Queensland Bulk Ports Corporation Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

1. Pursuant to section 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.

1. The Australian Workers' Union and the Australian Municipal, Administrative, Clerical and Services Union (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisations, I note that the Unions are covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 28 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519123  PR750329>