Qube Ports Pty Limited

[2016] FWCA 430

[2016] FWCA 430

FAIR WORK COMMISSION

DECISION

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

Qube Ports Pty Limited
(AG2016/25)

QUBE PORTS BRISBANE BULK AND GENERAL ENTERPRISE AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 28 JANUARY 2016

Application for approval of the Qube Ports Brisbane Bulk and General Enterprise Agreement 2016

[1] An application has been made by Qube Ports Pty Limited (the applicant) for the approval of an enterprise agreement known as the Qube Ports Brisbane Bulk and General Enterprise Agreement 2016(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The application was lodged on 8 January 2016, being more than fourteen days after the Agreement was made on 20 December 2015 which is in contravention of s.185(3)(a) of the Act. This was declared in the applicant’s statutory declaration.

[3] The applicant submitted that the ballot for the Agreement was conducted on 18 December 2015, but the documentation required by the employer required by the application was not finalised before the 2015 Christmas and New Year holiday period. As the National Union of Workers’ (NUW) (who are a party to the Agreement) office was closed during this period and the NUW officer who was responsible for the employer was on leave, the filing of the documents were delayed and outside of the requisite 14 day time frame for filing.

[4] Having ascertained the reasons for this delay. I accept the explanation and consider it fair to extend the period pursuant to s.185(3)(b) of the Act.

[5] The Agreement covers all employees engaged by the applicant at its Port of Brisbane site who are involved in or in connection with the receiving, handling, storage or distribution of goods. Pursuant to s.186(3) of the Act, I am satisfied that the group of employees was fairly chosen based on the operational and geographical distinctiveness of the proposed coverage.

[6] The NUW was an employee organisation involved in the agreement making process as a bargaining representative. The NUW has filed a statutory declaration (F18) in support of the approval of the Agreement.

[7] The Road Transport and Distribution Award 2010 (the Award) is the relevant reference instrument with respect to the better off overall test (BOOT) as required under s.186 of the Act.

[8] The rates of pay provided under the Agreement are considerably higher than the corresponding minimum rates of pay under the Award.

Approval

[9] Taking into account the higher rates of pay under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[10] 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.

[11] The NUW being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and supports the approval of the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the NUW.

[12] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 4 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

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