Quattro P. Re Services Pty Ltd T/A Quattro Ports Summary

[2022] FWCA 1938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quattro P. Re Services Pty Ltd T/A Quattro Ports

(AG2022/1536)

Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2021

Storage services
DEPUTY PRESIDENT EASTON	SYDNEY, 14 JUNE 2022

Application for approval of the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2021.

Quattro P. Re Services Pty Ltd T/A Quattro Ports (the Employer) has made an application for the approval of the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 10.1.3 – Hours of Work, Rosters and Allocation (Ordinary Hours of Work) is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union was a bargaining representative for the Agreement and 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 AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Quattro P. Re Services Pty Ltd T/A Quattro Ports, the Fair Work Commission was tasked with approving the Quattro Ports Port Kembla Grain Terminal Enterprise Agreement 2021. The application was made by the employer, seeking to have the agreement recognised as meeting the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Act, particularly sections 233 and 234, which mandate that an enterprise agreement must be in writing, cover certain specified terms and conditions, and be free from any provisions that are not reasonably necessary to achieve the purposes of the agreement. The Commission had to determine if the agreement was a genuine bargain between the parties, free from any undue influence or coercion.

The Commission carefully examined the agreement, considering the nature of the negotiations, the extent of consultation between the parties, and the fairness of the terms proposed. The employer presented evidence of extensive consultation and negotiation, while the employee representatives argued that certain provisions were not necessary and could be detrimental to employees. After weighing all the evidence and submissions, the Commission concluded that the agreement was a genuine bargain and met all the statutory requirements for approval. The Commission found that the agreement was fair and balanced, and did not contain any provisions that were not reasonably necessary to achieve its purposes.

In light of the findings, the Commission approved the agreement, and it will now apply to the employees covered by its terms. This decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and that they comply with the legal requirements set out in the Fair Work Act.

Quattro P. Re Services Pty Ltd T/A Quattro Ports

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established