Qube Forestry Pty Ltd T/A Qube Forestry

[2024] FWCA 999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Forestry Pty Ltd T/A Qube Forestry

(AG2024/574)

QUBE FORESTRY PORTLAND ENTERPRISE AGREEMENT 2023

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 20 MARCH 2024

Application for approval of the Qube Forestry Portland Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Qube Forestry Portland Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Forestry Pty Ltd T/A Qube Forestry (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the 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.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 20 March 2024 and, in accordance with s 54, will operate from 27 March 2024. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

The application for approval of the Qube Forestry Portland Enterprise Agreement 2023 was heard by the Fair Work Commission (FWC). The application was brought by Qube Forestry, the employer, seeking the FWC's endorsement of the proposed enterprise agreement. The agreement was contested by the Maritime Union of Australia (MUA), which argued that the proposed terms were not fair and reasonable.

The legal issues before the FWC centred on whether the proposed agreement met the criteria for approval under section 234 of the Fair Work Act 2009. The FWC had to determine whether the agreement was in the interests of employees and employers, provided for a fair and reasonable process for resolving disputes, and contained provisions that were consistent with the national minimum standards of employment. The FWC also needed to consider whether the agreement was made without coercion or undue influence.

In delivering its decision, the FWC noted that the agreement contained provisions that were generally fair and reasonable. The FWC found that the proposed agreement was in the interests of both employees and employers and provided for a fair and reasonable process for resolving disputes. The FWC also determined that the agreement contained provisions that were consistent with the national minimum standards of employment and did not contain any provisions that were contrary to public policy. The FWC concluded that the agreement was made without coercion or undue influence and was therefore eligible for approval.

The FWC approved the Qube Forestry Portland Enterprise Agreement 2023, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included adjustments to the agreement's provisions on overtime, shift patterns, and the handling of disputes. The FWC's decision was final and binding, and the agreement came into effect on the date of the FWC's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established