DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports (No 1) Pty Limited
(AG2017/2643)

QUBE PORTS (NO 1) PTY LIMITED TASMANIA ENTERPRISE AGREEMENT 2016

Stevedoring industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 SEPTEMBER 2017

Application for approval of the Qube Ports (No 1) Pty Limited Tasmania Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports (No 1) Pty Limited Tasmania Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Ports (No 1) Pty Limited. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 (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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 September 2017 and, in accordance with s.54, will operate from 21 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Ports (No 1) Pty Limited applied to the Fair Work Commission for approval of the Tasmania Enterprise Agreement 2016. The Australian Maritime Officers' Union (AMOU) opposed the application. The dispute arose from the terms of the agreement, particularly those concerning rosters, shift patterns, and shift loadings. The Fair Work Commission was required to determine whether the agreement complied with the Fair Work Act 2009, including the provisions regarding minimum employment conditions.

The Commission first considered the rostering and shift patterns provisions, ensuring they complied with the safety requirements of the Fair Work Act. The Commission noted that the agreement included provisions for rest breaks and maximum shift lengths, which aligned with the Act's safety standards. The Commission then addressed the shift loadings, finding that they were in line with the Fair Work Act's minimum rates and did not disadvantage employees. The Commission concluded that the agreement met the legal standards for approval.

The Commission approved the Tasmania Enterprise Agreement 2016, finding it complied with the Fair Work Act. The AMOU's objections were dismissed, and the agreement was approved as a lawful and fair enterprise agreement. The decision provided clarity on the rostering, shift patterns, and shift loadings provisions, affirming their compliance with the statutory requirements.

Qube Ports (No 1) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established