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

[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

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Quattro P Re Services Pty Ltd, as trustee for the Quattro Grain Trust trading as Quattro Ports, applied for approval of the proposed enterprise agreement for the Quattro Ports Port Kembla Grain Terminal. The application was made by the employer, and the Maritime Union of Australia opposed the application on the basis that the proposed agreement did not meet the statutory requirements for an enterprise agreement under the Fair Work Act 2009 (Cth). The dispute centred on whether the agreement complied with the legislative requirements for content, negotiation, and the process of approval.

The court needed to determine whether the proposed enterprise agreement satisfied the statutory criteria for content and process. Specifically, the court had to assess whether the agreement contained the mandated provisions, whether the parties had genuinely negotiated the agreement, and whether the process for seeking approval was in accordance with the Act. The court also considered whether the agreement was in the best interests of the employees and the employer.

In its decision, the Fair Work Commission found that the proposed enterprise agreement met the statutory requirements for content and process. The Commission noted that the agreement contained all the necessary provisions and was the product of genuine negotiations between the parties. The Commission was satisfied that the process for seeking approval was compliant with the Fair Work Act. As a result, the Commission approved the application and registered the enterprise agreement.

The Fair Work Commission approved the application for the registration of the enterprise agreement. The Commission registered the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2024, effective from the date of the decision. The agreement is now legally binding on the parties and will govern the employment conditions of the employees at the Port Kembla Grain Terminal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established