Qube Bulk Pty Ltd T/A Qube Ports & Bulk Summary

[2021] FWCA 6549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Bulk Pty Ltd T/A Qube Ports & Bulk
(AG2021/7806)

QUBE BULK PTY LTD GLADSTONE ENTERPRISE AGREEMENT 2021

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 NOVEMBER 2021

Application for approval of the Qube Bulk Pty Ltd Gladstone Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Qube Bulk Pty Ltd Gladstone Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Bulk Pty Ltd T/A Qube Ports & Bulk. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

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

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2021. The nominal expiry date of the Agreement is 3 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Bulk Pty Ltd, trading as Qube Ports & Bulk, applied to the Fair Work Commission for approval of the Qube Bulk Pty Ltd Gladstone Enterprise Agreement 2021. The applicant and the respondents, various unions representing employees, had reached an agreement to regulate employment terms and conditions for employees at the Gladstone port. The unions argued that the agreement was not in the best interests of the employees and sought to challenge its approval.

The legal issues before the Commission involved assessing whether the agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it was fair and reasonable for the employees. Key points of contention included the treatment of employee entitlements, the procedural fairness in the agreement's negotiation, and the overall benefits to employees. The Commission needed to determine if the agreement met the 'better off overall test' and if the negotiation process was fair and reasonable.

The Fair Work Commission found that the agreement substantially complied with the statutory requirements. The Commission considered the overall benefits to employees, including pay rates, leave provisions, and the resolution of previous disputes. The Commission also evaluated the negotiation process and concluded that it was fair and reasonable. Consequently, the Commission approved the agreement under section 183 of the Fair Work Act 2009, finding that it met the 'better off overall test' and was fair and reasonable for the employees.

The Commission's final order was the approval of the Qube Bulk Pty Ltd Gladstone Enterprise Agreement 2021, effective from the date of the decision. This decision provided clarity on the employment terms and conditions for the employees at the Gladstone port, ensuring they were adequately protected under the approved enterprise agreement.

Qube Bulk Pty Ltd T/A Qube Ports & Bulk

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established