Qube Bulk Pty Ltd

[2013] FWCA 5393

FAIR WORK COMMISSION

DECISION

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

Qube Bulk Pty Ltd
(AG2013/1994)

QUBE BULK PTY LTD AND MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2013 (THE PORT OF GERALDTON)

Stevedoring industry
COMMISSIONER STANTON	NEWCASTLE, 6 AUGUST 2013

Application for approval of the Qube Bulk Pty Ltd and Maritime Union of Australia Enterprise Agreement 2013 (the Port of Geraldton).

[1] An application has been made for approval of an enterprise agreement known as the Qube Bulk Pty Ltd and Maritime Union of Australia Enterprise Agreement 2013 (the Port of Geraldton) (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] The application was lodged more than 14 days after the Agreement was made. I have considered the explanation given for the delay and pursuant to s.185(3)(b) of the Act, consider it fair to extend the period for making the application.

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

[4] The Maritime Union of Australia being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54 of the Act, shall operate on and from 13 August 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Bulk Pty Ltd, the employer, sought approval of the Qube Bulk Pty Ltd and Maritime Union of Australia Enterprise Agreement 2013 (the Port of Geraldton) from the Fair Work Commission. The union, representing the employees, did not oppose the application. The dispute centred on the terms and conditions of employment for workers at the Port of Geraldton and whether the proposed agreement complied with the relevant legislative framework.

The primary legal issue was whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was a genuine agreement, fairly negotiated, and complied with the provisions of the Act. The court had to determine whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and if it contained all the mandatory terms as prescribed by the Act. Additionally, the court examined whether the agreement provided for proper consultation and if it was consistent with the broader objectives of the Act, including promoting high levels of employment and workplace participation.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated, covered the appropriate bargaining unit, and included all mandatory terms. The agreement provided for proper consultation and was consistent with the objectives of the Act. The Commission approved the application, confirming that the agreement met all legal requirements. Consequently, the agreement was registered, and the terms of employment for the workers at the Port of Geraldton were governed by the Qube Bulk Pty Ltd and Maritime Union of Australia Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established