Qube Bulk Pty Ltd Summary

[2013] FWCA 9996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Bulk Pty Ltd
(AG2013/10366)

QUBE BULK PTY LTD PORT HEDLAND SHED SERVICES ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 20 DECEMBER 2013

Application for approval of the Qube Bulk Pty Ltd Port Hedland Shed Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Qube Bulk Pty Ltd Port Hedland Shed Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 26 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Bulk Pty Ltd applied to the Fair Work Commission for approval of the Qube Bulk Pty Ltd Port Hedland Shed Services Enterprise Agreement 2013. The application was opposed by the Maritime Union of Australia, contending the agreement did not meet the requirements of the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement had been fairly negotiated and if it complied with the statutory obligations outlined in the Fair Work Act.

The Commission examined the process through which the agreement was negotiated, considering whether there was genuine negotiation and whether the agreement contained mandatory terms as required by the Act. It also assessed if the agreement provided for fair and reasonable terms and conditions. After reviewing the evidence, the Commission found that the agreement had been fairly negotiated and contained the necessary mandatory terms. The Commission determined that the agreement met all statutory requirements and was thus eligible for approval.

Consequently, the Fair Work Commission approved the Qube Bulk Pty Ltd Port Hedland Shed Services Enterprise Agreement 2013, finding it to be fairly negotiated and compliant with the Fair Work Act. The Commission's decision was based on the evidence presented, which demonstrated that the agreement met all legal requirements for approval. The final orders included the approval of the enterprise agreement, allowing it to come into effect as per its terms.

Qube Bulk Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established