DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Qube Bulk Pty Limited
(AG2015/1374)

QUBE BULK PTY LTD UTAH POINT ENTERPRISE AGREEMENT 2013

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 15 JUNE 2015

Application for variation of the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2013.

[1] On 5 June 2015, Qube Bulk Pty Limited filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2013 (the Agreement).

[2] A signed outline of the changes made to the Agreement is found at Annexure A to this decision.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. I note the nominal expiry date of the Agreement is 25 August 2017. 1

[5] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Annexure A

1 [2013] FWCA 6144.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Bulk Pty Limited recently appeared before the Fair Work Commission, where the matter of an application to vary the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2013 was heard. The applicant, Qube Bulk, sought to introduce a series of changes to the existing agreement, which governs the employment conditions of its workforce at Utah Point. The respondents, including various unions representing the employees, opposed the application, arguing that the proposed changes were detrimental to the employees' existing rights and entitlements.

The central legal issues the Commission was required to address involved whether the proposed variations were consistent with the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the changes were procedurally valid, whether they met the criteria for good faith bargaining, and whether they were in the best interests of the employees. Additionally, the Commission needed to assess whether the proposed changes were necessary to maintain the enterprise's operational efficiency and competitiveness.

The Commission found that the applicant had demonstrated a genuine attempt to engage in good faith bargaining, providing evidence of extensive consultations with the unions and their representatives. However, the Commission noted that some aspects of the proposed changes could potentially undermine the employees' existing conditions. After careful consideration, the Commission determined that while some of the proposed variations were necessary for the enterprise's operational viability, they needed to be adjusted to better protect the employees' interests. As a result, the Commission varied the agreement in a manner that balanced the needs of both the employer and the employees, ensuring that the changes did not adversely impact the workforce while allowing the enterprise to remain competitive.

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