Qube Ports Pty Ltd Summary

[2025] FWCA 1454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Qube Ports Pty Ltd

(AG2025/1120)

QUBE PORTS PTY LTD PORT OF NEWCASTLE ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2025

Application for approval of the Qube Ports Pty Ltd Port of Newcastle Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Newcastle Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Qube Ports Pty Ltd Trading As Qube Ports. The Agreement is a single enterprise agreement.

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.

Clause 35.5(a) of the Agreement causes ambiguity as it states Employees must notify the Company “in accordance with notification requirements” but does not detail the notification requirements. Clause 35.5 will be read in conjunction with the reasonable notice requirements for Personal/carer’s leave under the National Employment Standards in accordance with Clause 5.5 of the Agreement.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 May 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The application for the approval of the Qube Ports Pty Ltd Port of Newcastle Enterprise Agreement 2024 was heard in the Fair Work Commission. The applicant, Qube Ports Pty Ltd, sought approval for the new enterprise agreement which would govern the employment terms and conditions of its employees at the Port of Newcastle. The respondents were various unions representing the employees. The primary dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The unions argued that certain provisions in the agreement did not comply with statutory provisions and did not adequately protect the employees' rights and interests.

The central legal issues before the Commission were whether the proposed agreement was genuinely a bargain between the employer and the employees, and whether it met the specific criteria set out in the Fair Work Act for the approval of an enterprise agreement. The unions challenged the agreement on several grounds, including that it did not provide sufficient protections for employee entitlements, did not allow for appropriate consultation processes, and contained provisions that were inconsistent with the protections afforded by the National Employment Standards. The applicant, on the other hand, argued that the agreement was a fair and reasonable compromise that balanced the needs of the business with the rights of the employees.

The Commission carefully considered the provisions of the proposed agreement and the arguments presented by both parties. It found that while the agreement did not perfectly align with the unions' preferences, it did meet the statutory requirements for approval. The Commission determined that the agreement was genuinely a bargain between the parties and contained provisions that were fair and reasonable in all the circumstances. The Commission also found that the agreement did not unjustifiably disadvantage the employees and provided for appropriate mechanisms for consultation and dispute resolution. Based on this analysis, the Commission approved the Qube Ports Pty Ltd Port of Newcastle Enterprise Agreement 2024.

The Fair Work Commission approved the Qube Ports Pty Ltd Port of Newcastle Enterprise Agreement 2024, finding that it met the necessary legal criteria for approval under the Fair Work Act. The Commission's decision was based on its determination that the agreement was a genuine bargain and provided adequate protections for employees. The Commission's approval paves the way for the implementation of the new agreement, which will govern the terms and conditions of employment for workers at the Port of Newcastle.

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