DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd
(AG2018/2413)

QUBE PORTS PTY LTD PORT OF MELBOURNE ENTERPRISE AGREEMENT 2016

Stevedoring industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 AUGUST 2018

Application for approval of the Qube Ports Pty Ltd Port of Melbourne Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Melbourne 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 Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 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 29 August 2018 and, in accordance with s.54, will operate from 5 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Qube Ports Pty Ltd, the Fair Work Commission (FWC) was asked to approve an enterprise agreement proposed by Qube Ports Pty Ltd for its employees at the Port of Melbourne. The enterprise agreement aimed to regulate various employment terms and conditions, including wages, hours of work, and other workplace practices. The applicants were Qube Ports Pty Ltd, and the respondents included various trade unions representing the employees.

The legal issues before the FWC centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which it was negotiated and the fairness of its terms. The FWC had to determine if the agreement was genuinely negotiated and if it contained any provisions that were contrary to the 'better off overall test'. Additionally, the FWC considered whether the agreement appropriately addressed the needs and interests of the employees and whether it complied with any relevant industrial instruments.

In delivering its decision, the FWC examined the evidence provided by the parties, including the negotiation process, the submissions made by the unions and the employer, and the terms of the agreement itself. The FWC concluded that the agreement had been genuinely negotiated and contained provisions that were fair and reasonable. The commission found that the agreement met the better off overall test and did not contain any unfair provisions. Consequently, the FWC approved the enterprise agreement, deeming it to be in the best interests of the employees.

The FWC's final order was that the Qube Ports Pty Ltd Port of Melbourne Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This approval formalised the agreement as a legally binding document governing the employment conditions of the workers at the Port of Melbourne.

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