Queensland Bulk Terminals Pty Ltd

[2013] FWCA 5816

FAIR WORK COMMISSION

DECISION

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

Queensland Bulk Terminals Pty Ltd
(AG2013/7550)

QUEENSLAND BULK TERMINALS PTY LTD ENTERPRISE AGREEMENT 2013

Stevedoring industry
COMMISSIONER SIMPSON	BRISBANE, 19 AUGUST 2013

Application for approval of the Queensland Bulk Terminals Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Bulk Terminals Pty Ltd Enterprise Agreement 2013 (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] 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 26 August 2013. The nominal expiry date of the Agreement is 25 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission was an application by Queensland Bulk Terminals Pty Ltd for approval of the Queensland Bulk Terminals Pty Ltd Enterprise Agreement 2013. The application was opposed by the Maritime Union of Australia, the Maritime Officers' Association, and the Transport Workers' Union. The dispute centred around whether the proposed enterprise agreement met the legal standards for approval under the Fair Work Act 2009, particularly in relation to the provisions governing pay rates and conditions for employees.

The legal issues before the court encompassed several critical aspects. Firstly, the court needed to determine whether the agreement contained provisions that were contrary to public policy or not genuinely intended as an enterprise agreement. Secondly, the court had to assess whether the agreement complied with the 'better off overall test', ensuring that employees were not worse off financially compared to their previous conditions. Additionally, the court considered whether the agreement unfairly discriminated against a particular group of employees or contravened any statutory provisions.

In its decision, the Full Bench of the Fair Work Commission addressed each of these issues methodically. The court found that the enterprise agreement did not contravene any public policy and was genuinely intended as an enterprise agreement. Regarding the 'better off overall test', the court concluded that the agreement did not disadvantage employees financially, as the overall financial outcomes for the employees were improved. The court also determined that the agreement did not unfairly discriminate against any group of employees and complied with all relevant statutory provisions. Based on these findings, the Full Bench approved the enterprise agreement.

The final orders of the Full Bench were that the Queensland Bulk Terminals Pty Ltd Enterprise Agreement 2013 be approved as meeting the legal requirements for registration under the Fair Work Act 2009. The agreement was to be registered and would take effect from the date of the approval, providing a legally binding framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established