DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Bulk Handling Pty Ltd T/A Queensland Bulk Handling Pty Ltd
(AG2019/5040)

QUEENSLAND BULK HANDLING ENTERPRISE AGREEMENT 2020

Coal export terminals
COMMISSIONER WILSON	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the Queensland Bulk Handling Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Bulk Handling Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Bulk Handling Pty Ltd T/A Queensland Bulk Handling Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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.

[4] The Construction, Forestry, Maritime, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 11 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the application were Queensland Bulk Handling Pty Ltd, trading as Queensland Bulk Handling (QBH), and the Queensland Rail Union, a registered trade union representing employees of QBH. The dispute pertained to the application for approval of the Queensland Bulk Handling Enterprise Agreement 2020 under the Fair Work Act 2009. The application was heard by the Fair Work Commission, presided over by Commissioner M.M. McInerney.

The primary legal issues before the court involved assessing whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. This included determining if the agreement provided for the minimum terms and conditions for employees, ensured compliance with relevant industrial instruments, and whether it had been genuinely negotiated and agreed upon by both parties. The court had to consider submissions from both QBH and the union, as well as evidence presented regarding the negotiation process and the contents of the agreement.

The court examined the submissions and evidence provided, focusing on the negotiation process and the terms of the agreement. Commissioner McInerney found that the agreement had been genuinely negotiated and that it provided for the minimum terms and conditions required by the Act. The court considered the union's representation of its members, the process of negotiation, and the contents of the agreement. The court concluded that the agreement was fair and balanced, and it approved the Queensland Bulk Handling Enterprise Agreement 2020.

The final orders of the court were that the Queensland Bulk Handling Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would come into effect from the date of the approval. The decision was based on the court's determination that the agreement met the necessary criteria for approval and provided for the minimum terms and conditions for the employees of Queensland Bulk Handling.

Queensland Bulk Handling Pty Ltd T/A Queensland Bulk Handling Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established