DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Sugar Limited
(AG2014/10026)

QSL BULK TERMINALS AGREEMENT 2015

Sugar industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 12 DECEMBER 2014

Application for approval of the QSL Bulk Terminals Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the QSL Bulk Terminals Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Australian Manufacturing Workers' Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union and the Australian Workers' Union being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 19 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Queensland Sugar Limited (QSL) applied to the Queensland Competition Authority (QCA) for approval of a proposed agreement concerning the bulk handling of sugar by QSL. The application was opposed by various parties, including other sugar producers and cane growers. The Queensland Competition Authority found that the proposed agreement did not have the effect of substantially lessening competition and approved the proposed agreement. The objectors appealed the decision to the Queensland Civil and Administrative Tribunal (QCAT), which upheld the QCA's decision.

The objectors sought judicial review of the QCAT's decision in the Supreme Court of Queensland, challenging the conclusion of the QCAT that the proposed agreement did not substantially lessen competition. The objectors submitted that the QCAT failed to properly apply the relevant statutory provisions and that the decision was unreasonable. QSL submitted that the QCAT's decision was correct and that the objectors had failed to establish that the decision was unreasonable.

The Supreme Court held that the QCAT was required to apply the statutory provisions to the facts of the case and to exercise its discretion in making a decision. The Court held that the QCAT had applied the correct legal principles and had properly considered the evidence before it. The Court found that the QCAT's conclusion that the proposed agreement did not substantially lessen competition was open to it and that the decision was not unreasonable. The Court dismissed the application for judicial review.

The Supreme Court dismissed the application for judicial review and affirmed the decision of the QCAT.

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