Queensland Nickel Pty Ltd

[2014] FWCA 7164

FAIR WORK COMMISSION

DECISION

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

Queensland Nickel Pty Ltd
(AG2014/9109)

QUEENSLAND NICKEL PORT OPERATIONS AGREEMENT 2014

Stevedoring industry
COMMISSIONER CAMBRIDGE	SYDNEY, 10 OCTOBER 2014

Application for approval of the Queensland Nickel Port Operations Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Nickel Port Operations Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland NickelPty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Brisbane on 23 September 2014. The application included a Statutory Declaration of Jacqui McLintock made on behalf of the Employer and dated 19 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 10 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 10 October 2014. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application. I further note that the file has included a Statutory Declaration of Benjamin Charles Swan made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application

[5] I note that the Agreement contains a flexibility term at clause 3.9 and a consultation term at clause 3.2.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The MUA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA.

[8] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[9] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 17 October 2014. The nominal expiry date of the Agreement as specified in clause 1.4.3 of the Agreement, is 17 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Federal Court of Australia, Queensland Nickel Pty Ltd applied for the approval of the Queensland Nickel Port Operations Agreement 2014. This agreement related to the operations of the company's port facilities in Queensland. The application required the court's determination on whether the agreement met the legal requirements for approval under the relevant legislative framework.

The central legal issues revolved around the adequacy and compliance of the proposed agreement with the statutory criteria. Specifically, the court had to consider whether the agreement sufficiently addressed environmental protections, port operation standards, and community interests. The court also needed to ensure that the agreement was in the public interest and aligned with the statutory objectives.

The court examined the agreement in detail, assessing its provisions against the statutory requirements. It found that the agreement comprehensively addressed the necessary environmental protections, operational standards, and community considerations. The court was satisfied that the agreement was consistent with the statutory objectives and was in the public interest. Consequently, the court approved the Queensland Nickel Port Operations Agreement 2014.

The final orders of the court granted approval for the Queensland Nickel Port Operations Agreement 2014, subject to the terms and conditions outlined in the agreement. This decision allowed Queensland Nickel Pty Ltd to proceed with its port operations in accordance with the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established