Quattro P Re Services Pty Ltd as Trustee for the Quattro Grain Trust T/A Quattro Ports

Case

[2024] FWCA 1351

16 APRIL 2024


[2024] FWCA 1351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Quattro P Re Services Pty Ltd as Trustee for the Quattro Grain Trust T/A Quattro Ports

(AG2024/705)

QUATTRO PORTS PORT KEMBLA GRAIN TERMINAL ENTERPRISE AGREEMENT 2024

Storage services

DEPUTY PRESIDENT ROBERTS

SYDNEY, 16 APRIL 2024

Application for approval of the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Quattro Ports Port Kembla Grain Terminal 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 Quattro P RE Services Pty Ltd as Trustee for The Quattro Grain Trust t/a Quattro Ports (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

  1. I note that Clause 3.3 of the Agreement provides that this Agreement shall be read and interpreted in conjunction with the National Employment Standards (NES) and that where there is any inconsistency between this Agreement and the NES, the more beneficial provision to an employee shall take precedence.

  1. The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE524229  PR773565>

Annexure A

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