DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Bulk Pty Ltd T/A Qube Ports & Bulk
(AG2017/3117)

QUBE BULK PTY LTD UTAH POINT ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 OCTOBER 2017

Application for approval of the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2017 (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 agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 25 October 2017 and, in accordance with s.54, will operate from 1 November 2017. The nominal expiry date of the Agreement is 25 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2017. The applicant, Qube Bulk Pty Ltd, sought the approval of the agreement which was intended to regulate the employment conditions of its employees at the Utah Point facility. The respondent, Maritime Union of Australia, objected to the approval on the grounds that certain provisions within the agreement were not consistent with the principles of the Fair Work Act 2009.

The central legal issue the Commission had to resolve was whether the provisions of the Utah Point Enterprise Agreement 2017 complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "single interest" enterprise agreement and whether the provisions concerning minimum rates of pay, penalty rates, and leave entitlements were in accordance with the relevant legislation and industrial instruments.

In reaching its decision, the Fair Work Commission examined the provisions of the agreement in detail. The Commission found that the agreement was a single interest enterprise agreement as it related solely to the employees of Qube Bulk Pty Ltd at the Utah Point facility. Furthermore, the Commission concluded that the provisions concerning minimum rates of pay, penalty rates, and leave entitlements were consistent with the Fair Work Act and did not contravene any relevant industrial instruments. Consequently, the Commission approved the Utah Point Enterprise Agreement 2017, determining that it met all the necessary statutory requirements.

The final orders of the Commission were that the Qube Bulk Pty Ltd Utah Point Enterprise Agreement 2017 be approved and registered as a certified agreement under the Fair Work Act 2009. This approval means that the agreement is now legally binding on the parties and will govern the employment conditions of the employees at the Utah Point facility.

Qube Bulk Pty Ltd T/A Qube Ports & Bulk

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established