DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Sugar Limited
(AG2018/1270)

QSL BULK TERMINALS AGREEMENT 2018

Sugar industry
COMMISSIONER MCKINNON	MELBOURNE, 29 JUNE 2018

Application for approval of the QSL Bulk Terminals Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the QSL Bulk Terminals Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Sugar Limited. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Queensland Sugar Limited, the court was asked to consider the application for approval of the QSL Bulk Terminals Agreement 2018. The applicants, being Queensland Sugar Limited, sought the court’s approval of the agreement which outlines the terms and conditions under which certain bulk terminals would operate. The agreement is crucial for the logistics and distribution of sugar products within Queensland. The nature of the dispute centres on whether the terms of the agreement are fair, reasonable, and in the best interests of the stakeholders involved.

The primary legal issue before the court was whether the proposed terms of the QSL Bulk Terminals Agreement 2018 met the necessary criteria for approval under relevant legislation. This involved a detailed examination of the terms to ensure they were fair and reasonable, and did not unfairly prejudice any party involved. The court had to consider the implications of the agreement on the sugar industry, the economic impact on stakeholders, and compliance with legislative requirements.

In delivering its judgment, the court meticulously assessed the provisions of the agreement. It found that the terms were fair and reasonable, and that the agreement did not unfairly disadvantage any party. The court noted the thorough consultation process undertaken by Queensland Sugar Limited, which included feedback from various stakeholders. Consequently, the court was satisfied that the agreement would operate in the best interests of all parties and approved the QSL Bulk Terminals Agreement 2018. The final orders were made in favour of the applicants, granting the approval sought.

Queensland Sugar Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established