CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Energy Pty Limited
(AG2015/3096)

QUBE ENERGY PTY LTD EMPLOYEES NATIONAL ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 10 JULY 2015

Application for approval of the Qube Energy Pty Limited Employees National Enterprise Agreement 2015.

[1] The decision issued by the Fair Work Commission on 2 July 2015 [[2015] FWCA 4445 PR568962], is corrected as follows:

1. By deleting paragraph 4 in its entirety.

2. By renumbering paragraph 5 as paragraph 4.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Qube Energy Pty Limited sought approval from the Fair Work Commission for the Qube Energy Pty Limited Employees National Enterprise Agreement 2015. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the enterprise agreement met the legislative criteria for approval.

The primary legal issue before the Commission was whether the enterprise agreement adhered to the provisions of section 185 of the Fair Work Act 2009. This section mandates that an enterprise agreement must be certified by the Commission before it can take effect. The Commission had to examine whether the agreement satisfied the criteria for good faith bargaining and other legislative requirements to ensure that it was fair and reasonable.

The Fair Work Commission found that the enterprise agreement complied with the necessary legislative requirements. The Commission determined that the agreement was the product of good faith bargaining and met all criteria set forth in section 185 of the Fair Work Act 2009. Consequently, the Commission approved the enterprise agreement. However, a subsequent correction to the decision was issued to rectify a minor error in the original decision, specifically regarding the numbering of paragraphs.

The final orders of the Fair Work Commission approved the Qube Energy Pty Limited Employees National Enterprise Agreement 2015, subject to the corrections made in the subsequent decision. This approval allowed the agreement to proceed as a legally binding document between the employer and the employees, ensuring that all terms and conditions were compliant with the Fair Work Act 2009.

Qube Energy Pty Limited

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established