DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quattro P RE Services Pty Ltd t/a Quattro Ports
(AG2016/2134)

QUATTRO PORTS PORT KEMBLA GRAIN TERMINAL ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2016

Application for approval of the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Quattro P RE Services Pty Ltd t/a Quattro Ports.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Australian Workers’ Union (AWU) and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 24 February 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the respondent, Quattro P RE Services Pty Ltd trading as Quattro Ports, sought approval of the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2015. The applicant, the Fair Work Commission, was responsible for assessing the agreement. The dispute centred on the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia.

The court had to determine whether the agreement met the criteria for approval under the Fair Work Act. This included assessing if the agreement had been made in accordance with the provisions of the Act, whether it contained provisions for the protection of employees, and if it had been genuinely agreed upon by both parties. The court also had to consider if the agreement was free from any coercive or discriminatory practices.

The Federal Circuit Court found that the agreement had been made in good faith and without any coercion. The court was satisfied that the agreement contained appropriate provisions for the protection of employees and that it had been genuinely agreed upon by both parties. The court determined that the agreement was fair and met the statutory requirements for approval. Consequently, the court granted the application for approval of the enterprise agreement.

The court's final orders included the approval of the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2015, subject to the terms and conditions as outlined in the agreement. The court also noted that ongoing compliance with the Fair Work Act would be necessary to maintain the validity of the agreement.

Quattro P RE Services Pty Ltd t/a Quattro Ports

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established