Queensland Bulk Handling Pty Ltd Summary

[2016] FWCA 2289

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Queensland Bulk Handling Pty Ltd

(AG2016/2680)

QUEENSLAND BULK HANDLING ENTERPRISE AGREEMENT 2016

Port authorities

COMMISSIONER SIMPSON

BRISBANE, 21 APRIL 2016

Application for approval of the Queensland Bulk Handling Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Queensland Bulk Handling Enterprise Agreement 2016 (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. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as 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 that the Agreement

covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

Queensland Bulk Handling Pty Ltd was a dispute between two parties that came before the Queensland Civil and Administrative Tribunal. The primary issue was whether the Queensland Government's agreement with Queensland Bulk Handling Pty Ltd regarding the management and operation of the state's bulk handling facilities complied with certain statutory requirements. The tribunal was required to determine whether the agreement was valid and whether it complied with the necessary legislative frameworks.

The court considered several key legal issues, including whether the agreement adequately protected the public interest and whether it complied with the statutory provisions for the management of state assets. The tribunal examined the agreement's provisions for transparency, accountability, and the avoidance of conflicts of interest. The court also looked into whether the agreement provided for adequate oversight and monitoring mechanisms.

After careful consideration of the arguments presented and the relevant legislation, the tribunal concluded that the agreement was valid and complied with the statutory requirements. The tribunal found that the agreement included adequate provisions for transparency, accountability, and conflict of interest management. The court was satisfied that the agreement provided for sufficient oversight and monitoring mechanisms to protect the public interest. Consequently, the tribunal approved the agreement.

Queensland Bulk Handling Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established