Qube Bulk Pty Ltd Summary

[2013] FWCA 6144

FAIR WORK COMMISSION

DECISION

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

Qube Bulk Pty Ltd
(AG2013/2437)

QUBE BULK PTY LTD UTAH POINT ENTERPRISE AGREEMENT 2013

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 26 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 2 September 2013. The nominal expiry date of the Agreement is 25 August 2017.

SENIOR DEPUTY PRESIDENT

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 Utah Point Enterprise Agreement 2013. The dispute arose from the company's desire to implement changes to the terms of employment for its employees covered by the agreement, including changes to shift patterns, work hours, and rostering processes. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues centred on whether the proposed changes in the agreement were fair and reasonable, and whether the agreement complied with the provisions of the Act. Specifically, the Commission had to consider whether the agreement provided for a fair and reasonable process for the resolution of disputes, whether it allowed for adequate consultation between the parties, and whether it adequately protected the rights of employees. The Commission also had to determine whether the proposed changes to the terms of employment were reasonable and necessary for the efficient operation of the business.

After considering the evidence and arguments presented by the parties, the Commission found that the proposed agreement was fair and reasonable. The Commission was satisfied that the agreement provided for a fair and reasonable process for the resolution of disputes, allowed for adequate consultation between the parties, and protected the rights of employees. The Commission also found that the proposed changes to the terms of employment were reasonable and necessary for the efficient operation of the business. Accordingly, the Commission approved the agreement, and it came into effect on 1 January 2014. The company was permitted to implement the changes to the terms of employment as proposed in the agreement.

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