Queensland Bulk Handling Pty Ltd

[2013] FWCA 383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Bulk Handling Pty Ltd
(AG2013/62)

QUEENSLAND BULK HANDLING ENTERPRISE AGREEMENT 2012B

Coal export terminals
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 22 JANUARY 2013

Application for approval of the Queensland Bulk Handling Enterprise Agreement 2012B.

[1] An application has been made for the approval of an enterprise agreement known as the Queensland Bulk Handling Enterprise Agreement 2012B (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2013. The nominal expiry date of the Agreement is 31 December 2015.

[5] I note that there is a conditional termination of an individual agreement-based transitional instrument associated with this application. In accordance with Item 18(8), Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the termination takes effect from the time that the Agreement comes into operation.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Queensland Bulk Handling Pty Ltd, the Fair Work Commission was called upon to approve the Queensland Bulk Handling Enterprise Agreement 2012B. The applicant, Queensland Bulk Handling Pty Ltd, sought the approval of the enterprise agreement, which had been negotiated with the Rail, Tram and Bus Union. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement complied with the mandatory requirements of the Fair Work Act, including provisions for minimum rates of pay, conditions of employment, and procedural fairness in the negotiation process. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the Commission examined the terms and conditions proposed in the agreement, ensuring they met the statutory criteria for approval. The Commission noted that the agreement provided for appropriate minimum rates of pay and conditions of employment, and it found that the negotiation process had been procedurally fair. The Commission concluded that the agreement was in the best interests of the employees and approved it under section 176 of the Fair Work Act.

The Commission's final orders included the approval of the Queensland Bulk Handling Enterprise Agreement 2012B, effective from 1 April 2012. The approved agreement is to be registered by the Commission and will govern the employment conditions of the relevant employees for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established