DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quattro P RE Services Pty Ltd ATF Quattro Grain Trust T/A Quattro Ports
(AG2018/2385)

QUATTRO PORTS PORT KEMBLA GRAIN TERMINAL ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 OCTOBER 2018

Application for approval of the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2017 (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 ATF Quattro Grain Trust T/A Quattro Ports. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 October 2018 and, in accordance with s.54, will operate from 1 November 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2017. The parties to the dispute were the employer, Quattro P RE Services Pty Ltd trading as Quattro Ports, and the employees represented by the Maritime Union of Australia. The case was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that it be in writing and provide for the payment of minimum rates of pay and conditions. The Commission needed to determine if the agreement met the necessary criteria for approval.

The Commission examined the proposed agreement clause by clause, considering whether each provision complied with the statutory requirements. It was determined that the agreement was in writing and contained the necessary minimum terms and conditions. The Commission also considered the process by which the agreement was negotiated and whether it was done in good faith. The Commission concluded that the agreement was fair and reasonable, taking into account the interests of both parties. The Commission found that the agreement met the necessary criteria for approval under the Act.

Accordingly, the Fair Work Commission approved the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2017. The decision was made on the basis that the agreement was in writing, provided for the minimum rates of pay and conditions, and was negotiated in good faith. The Commission found that the agreement was fair and reasonable and met the statutory requirements for approval. The approval of the agreement is effective from the date of the Commission's decision.

Quattro P RE Services Pty Ltd ATF Quattro Grain Trust T/A Quattro Ports

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established