DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd
(AG2020/3587)

QUBE PORTS PTY LTD PORT OF GERALDTON ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 DECEMBER 2020

Application for approval of the Qube Ports Pty Ltd Port of Geraldton Enterprise Agreements 2020.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Geraldton Enterprise Agreements 2020 (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] 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 Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 25 December 2020. 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

The matter before the Fair Work Commission involved an application by Qube Ports Pty Ltd to have the proposed Enterprise Agreements for the Port of Geraldton approved. These agreements sought to govern the employment terms and conditions for workers at the port, addressing a variety of issues from wages and working hours to dispute resolution processes. The Commission was tasked with determining whether the agreements met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreements had been made in accordance with the procedural and substantive requirements set out in the Fair Work Act. This included whether the agreements had been made free from any improper influence or coercion, and whether they contained terms that were fair and reasonable in all respects. The Commission also needed to consider whether the agreements provided for a proper balance between the interests of the employer and the employees.

In delivering its decision, the Commission examined the processes followed during the negotiation and execution of the agreements, as well as the contents of the agreements themselves. The Commission found that the agreements had been made in good faith and without any improper influence. It was also satisfied that the agreements contained terms that were fair and reasonable, taking into account the needs of the business and the interests of the employees. Consequently, the Commission approved the agreements, finding that they met the necessary legal standards for endorsement. The approval of the agreements was a necessary step in formalising the employment conditions for workers at the Port of Geraldton, ensuring that both parties' rights and obligations were clearly defined and legally enforceable.

Qube Ports Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established