Qube Ports Pty Ltd Summary

[2013] FWCA 1232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd
(AG2013/309)

QUBE NO.1 AND MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2011 (TASMANIA)

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 FEBRUARY 2013

Application for approval of the Qube No.1 and Maritime Union of Australia Enterprise Agreement 2011 (Tasmania).

[1] An application has been made for approval of an enterprise agreement known as the Qube No.1 and Maritime Union of Australia Enterprise Agreement 2011 (Tasmania) (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 Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2013. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Ports Pty Ltd, an employer, applied for approval of the Qube No.1 and Maritime Union of Australia Enterprise Agreement 2011 (Tasmania). The application was brought before the Fair Work Commission (FWC) by the employer, and the Maritime Union of Australia, the union, appeared in response. The dispute centred on whether the terms and conditions outlined in the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The FWC was required to determine whether the agreement met the "better off overall test" (BOOT), which requires that employees be no worse off financially and at least as well off in other respects compared to their previous conditions. The FWC also needed to assess if the agreement contained all the prescribed minimum terms and conditions and if it was fairly negotiated.

In its decision, the FWC found that the proposed agreement did indeed satisfy the BOOT. The FWC detailed that employees would experience improved financial terms, such as increased wages and better entitlements, alongside enhanced working conditions. The FWC concluded that all prescribed minimum terms and conditions were included in the agreement and that the negotiation process was fair. Consequently, the FWC approved the enterprise agreement.

The FWC's final order was that the Qube No.1 and Maritime Union of Australia Enterprise Agreement 2011 (Tasmania) be approved, effective from the date of the decision. This approval allows the agreement to legally bind both the employer and the union, providing a framework for employment conditions within the specified jurisdiction.

Qube Ports Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established