Qube Ports Pty Ltd

[2021] FWCA 6989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd
(AG2021/8382)

QUBE PORTS PTY LTD PORT OF FREMANTLE ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 21 DECEMBER 2021

Application for approval of the Qube Ports Pty Ltd Port of Fremantle Enterprise Agreement 2020.

[1] Qube Ports Pty Ltd has applied for approval of a single enterprise agreement known as the Qube Ports Pty Ltd Port of Fremantle Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired about whether the Agreement contains the mandatory terms and raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided and written undertakings were given in accordance with s.190 of the Act (attached at Annexure A (Undertakings)). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[3] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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 Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 21 December 2021 and, in accordance with s.54, will operate from 28 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Ports Pty Ltd applied to the Fair Work Commission for approval of the Qube Ports Pty Ltd Port of Fremantle Enterprise Agreement 2020. The application was brought by the employer, Qube Ports Pty Ltd, and the unions involved were the Maritime Union of Australia, the Transport Workers Union of Australia, and the Shop, Distributive and Allied Employees Association. The dispute concerned the terms and conditions of employment for workers at the Port of Fremantle.

The legal issues the court was required to decide included whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it was a genuine enterprise agreement, whether it was in the best interests of the employees, and whether it complied with the mandatory provisions of the Fair Work Act. The court also had to consider whether the agreement was consistent with the national workplace relations system.

The court found that the enterprise agreement was a genuine enterprise agreement, and it was in the best interests of the employees. The court also found that the agreement complied with the mandatory provisions of the Fair Work Act and was consistent with the national workplace relations system. The court noted that the agreement provided for a range of benefits for employees, including pay rates, leave entitlements, and other conditions of employment. The court was satisfied that the agreement was fair and reasonable, and it approved the enterprise agreement.

The court ordered that the Qube Ports Pty Ltd Port of Fremantle Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission and would be in effect from the date of registration. The court also ordered that the agreement would be binding on all employees covered by the agreement, as well as on 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