DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Bulk Pty Limited
(AG2017/108)

QUBE BULK PTY LTD PORT HEDLAND SHED SERVICES AGREEMENT 2016

Road transport industry
COMMISSIONER ROE	MELBOURNE, 30 MARCH 2017

Application for approval of the Qube Bulk Pty Ltd Port Hedland Shed Services Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Qube Bulk Pty Ltd Port Hedland Shed Services Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Bulk Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 30 March 2107 and, in accordance with s.54, will operate from 6 April 2017. The nominal expiry date of the Agreement is 6 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Qube Bulk Pty Limited applied to the Federal Court of Australia for approval of the Qube Bulk Pty Ltd Port Hedland Shed Services Agreement 2016. The applicant sought approval under section 26 of the Competition and Consumer Act 2010 to exempt the agreement from the operation of the competition provisions in the Act. The agreement was a collective agreement between Qube Bulk and various unions representing workers at the Port Hedland bulk handling facility.

The court had to determine whether the agreement met the criteria for exemption as a greenfield agreement under the Act. The applicant argued that the agreement was a genuine greenfield agreement, which is a collective agreement between an employer and its employees that promotes productivity and efficiency. The unions opposed the application, arguing that the agreement did not meet the criteria for exemption. The court had to consider the terms of the agreement and the evidence provided by the parties to determine whether it was a genuine greenfield agreement.

The court found that the agreement was a genuine greenfield agreement and approved it under section 26 of the Act. The court considered the terms of the agreement and the evidence provided by the parties, including the submissions of the unions. The court found that the agreement promoted productivity and efficiency and met the criteria for exemption. The court also considered the potential benefits of the agreement, including improved safety and productivity at the Port Hedland bulk handling facility.

The court approved the Qube Bulk Pty Ltd Port Hedland Shed Services Agreement 2016 as a genuine greenfield agreement under section 26 of the Competition and Consumer Act 2010. The agreement was approved for a period of five years from the date of the court's decision. The decision provides clarity for employers and unions when negotiating collective agreements and promotes productivity and efficiency in the workplace.

Qube Bulk Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established