Qube Bulk Pty Ltd T/A Qube Ports & Bulk Summary

[2021] FWCA 5317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Bulk Pty Ltd T/A Qube Ports & Bulk
(AG2021/6808)

QUBE BULK PTY LTD UTAH POINT ENTERPRISE AGREEMENT 2021

Mining industry
COMMISSIONER SPENCER	BRISBANE, 15 SEPTEMBER 2021

Application for approval of the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2021 (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 T/A Qube Ports & Bulk (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2021. The nominal expiry date of the Agreement is 15 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Bulk Pty Ltd, trading as Qube Ports & Bulk, applied to the Fair Work Commission for approval of the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2021. The dispute concerned whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement adhered to the statutory provisions, including provisions related to the protection of employee rights and the process of agreement negotiation.

The primary legal issues before the Commission were whether the agreement was made in good faith, whether it contained the minimum entitlements required by law, and whether the negotiation process complied with the relevant legislative provisions. The Commission also had to determine if the agreement provided for a fair and reasonable method for resolving disputes between the parties.

In delivering its decision, the Commission examined the negotiation process and the content of the agreement. It found that the agreement was negotiated in good faith and contained the requisite minimum entitlements. The Commission was satisfied that the negotiation process complied with the statutory requirements and that the agreement provided for a fair and reasonable method for resolving disputes. Consequently, the Commission approved the agreement, finding it met all the necessary criteria for approval under the Fair Work Act.

The Commission's final order was to approve the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2021, effective from the date of the decision. The approval was subject to the terms and conditions set out in the agreement, ensuring that it would govern the employment relationship between Qube Bulk and its employees in accordance with the Fair Work Act.

Qube Bulk Pty Ltd T/A Qube Ports & Bulk

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established