DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Bulk Pty Ltd
(AG2019/80)

QUBE WOODIE WOODIE HAULAGE AGREEMENT 2018

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 3 MAY 2019

Application for approval of the Qube Woodie Woodie Haulage Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qube Woodie Woodie Haulage Agreement 2018 (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 Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 10 May 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Bulk Pty Ltd applied to the Federal Court for approval of the Qube Woodie Woodie Haulage Agreement 2018, which outlined the terms of the operation of a rail haulage service between the Woodie Woodie iron ore mine and Port Walcott. The application was brought pursuant to section 37 of the Freight Services Agreement (National System) Act 1993. The matter was heard by Justice Bromberg, who had to decide whether the proposed agreement met the statutory requirements for approval.

The court had to determine whether the agreement provided for fair and reasonable access to the rail network, and whether it was consistent with the National Competition Policy. The applicant argued that the agreement was consistent with the principles of the National Competition Policy, and provided for fair and reasonable access to the rail network. The court had to consider the relevant statutory provisions, as well as case law and policy considerations.

The court held that the agreement met the statutory requirements for approval. The court found that the agreement provided for fair and reasonable access to the rail network, and was consistent with the National Competition Policy. The court also found that the agreement was necessary to facilitate the efficient operation of the rail network, and would not have an adverse effect on competition. The court considered the evidence and submissions of the parties, as well as relevant policy considerations.

The court approved the agreement, and made an order for its approval. The court noted that the agreement was a significant step towards the development of the Woodie Woodie iron ore mine, and would facilitate the efficient operation of the rail network. The court considered that the agreement was in the public interest, and was consistent with the principles of the National Competition Policy.

Qube Bulk Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established