DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Bulk Terminals Pty Ltd
(AG2017/4322)

QUEENSLAND BULK TERMINALS PTY LTD ENTERPRISE AGREEMENT 2017

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MARCH 2018

Application for approval of the Queensland Bulk Terminals Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Bulk Terminals Pty Ltd Enterprise Agreement 2017 (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 Terminals 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Maritime Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2018. The nominal expiry date of the Agreement is 20 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Queensland Bulk Terminals Pty Ltd applied for approval of the Queensland Bulk Terminals Pty Ltd Enterprise Agreement 2017. The application was brought before Commissioner Douglas on 22 May 2017. The respondent to the application was the Maritime Union of Australia. The nature of the dispute was whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The legal issues before the Commission were whether the proposed agreement met the requirements of section 230 of the Act, including whether it provided for a fair and efficient workplace, and whether it complied with the good faith bargaining provisions in section 180 of the Act.

The Commission found that the application for approval was made in good faith and that the agreement had been made in good faith. The Commission also found that the proposed agreement was fair and efficient and met the requirements of section 230 of the Act. The Commission was satisfied that the agreement provided for a fair and efficient workplace and that it complied with the good faith bargaining provisions in section 180 of the Act. The Commission also found that the agreement did not contain any terms that were contrary to public policy.

Accordingly, the Commission approved the Queensland Bulk Terminals Pty Ltd Enterprise Agreement 2017. The agreement was registered on the Register of Approved Agreements on 22 May 2017. The agreement will apply to employees who are covered by the agreement and who are employed by Queensland Bulk Terminals Pty Ltd.

Queensland Bulk Terminals 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