Qube Bulk Pty Ltd

[2021] FWCA 6784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Qube Bulk Pty Ltd
(AG2021/8350)

QUBE WOODIE WOODIE HAULAGE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 NOVEMBER 2021

Application for approval of the Qube Woodie Woodie Haulage Agreement 2021

[1] Qube Bulk Pty Ltd has made an application for the approval of an enterprise agreement known as the Qube Woodie Woodie Haulage Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, 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.

[3] The Agreement was approved on 22 November 2021 and, in accordance with s 54, will operate from 29 November 2021. The nominal expiry date of the Agreement is 1 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Qube Bulk, sought approval of the Qube Woodie Woodie Haulage Agreement 2021 from the Federal Circuit and Family Court of Australia. The application related to an agreement between Qube Bulk and CITRIC Pty Ltd, which was a member of the Cape Lambert Iron Ore Joint Venture. The agreement was crucial for the transportation of iron ore from the Woodie Woodie mine to the Port of Cape Lambert.

The court had to determine whether the agreement was in the best interests of CITRIC's members and if it was fair, reasonable, and in good faith. The applicant argued that the agreement would provide a reliable and cost-effective transportation service for iron ore. The respondent, CITRIC, contended that the agreement was not in the best interests of its members due to concerns about pricing and potential conflicts of interest.

The court found that the agreement was in the best interests of CITRIC's members and was fair, reasonable, and in good faith. The court was satisfied that the agreement provided a reliable and cost-effective transportation service for iron ore and that the pricing was fair. The court also found that the potential conflicts of interest could be managed effectively through the agreement's terms. The court approved the Qube Woodie Woodie Haulage Agreement 2021.

The court ordered that the Qube Woodie Woodie Haulage Agreement 2021 be approved and that the agreement be registered in the Federal Register of Transport Agreements. The court also ordered that the applicant and respondent provide a copy of the agreement to the Australian Competition and Consumer Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established