Queensland Bulk Terminals Pty Ltd T/A Queensland Bulk Terminals Pty Ltd

[2024] FWCA 1864

[2024] FWCA 1864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Bulk Terminals Pty Ltd T/A Queensland Bulk Terminals Pty Ltd

(AG2024/1553)

QUEENSLAND BULK TERMINALS PTY LTD ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 22 MAY 2024

Application for approval of the Queensland Bulk Terminals Pty Ltd Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement to be known as the Queensland Bulk Terminals Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Queensland Bulk Terminals Pty Ltd T/A Queensland Bulk Terminals Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

1. The Employer has provided written undertakings dated 21 May 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Stevedoring Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

1. The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Model consultation and flexibility terms

1. 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.

1. 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.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2024. The nominal expiry date of the Agreement is 9 May 2027.

DEPUTY PRESIDENT

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Annexure A