Qube Ports Pty Limited Summary

[2014] FWCA 4488

FAIR WORK COMMISSION

DECISION

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

Qube Ports Pty Limited
(AG2014/1389)

QUBE PORTS PTY LIMITED NATIONAL MATERIALS HANDLING ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 7 JULY 2014

Application for approval of the Qube Ports Pty Limited National Materials Handling Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Qube Ports Pty Limited National Materials Handling Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Ports Pty Limited (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 7 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

Qube Ports Pty Limited sought approval for the Qube Ports Pty Limited National Materials Handling Enterprise Agreement 2014 from the Fair Work Commission. The applicants, representing employees, opposed the approval, arguing that the proposed agreement did not meet the requirements of the Fair Work Act 2009, particularly regarding the proper negotiation process and the fairness of the terms. The Commission was required to determine whether the agreement was genuinely negotiated and if it contained the appropriate provisions to be considered fair and reasonable.

The central issue before the Fair Work Commission was whether the agreement had been genuinely negotiated in accordance with the provisions of the Fair Work Act 2009. Additionally, the Commission needed to assess whether the terms and conditions of the proposed agreement were fair and reasonable, taking into account the principles of the Act. The applicants raised concerns about the negotiation process, questioning whether the employer had genuinely bargained with the representatives of the employees. They also argued that certain terms of the agreement were not fair and reasonable.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. The Commission noted that the employer had engaged in the negotiation process in good faith and had reached an agreement with the employee representatives. The Commission also found that the terms and conditions of the agreement were consistent with industry standards and did not unfairly disadvantage the employees. Consequently, the Commission approved the Qube Ports Pty Limited National Materials Handling Enterprise Agreement 2014.

The Fair Work Commission approved the Qube Ports Pty Limited National Materials Handling Enterprise Agreement 2014. The applicants' objections were dismissed, and the agreement was registered as a registered agreement under the Fair Work Act 2009.

Qube Ports Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established