DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd
(AG2017/2433)

QUBE PORTS PTY LTD PORT OF ESPERANCE ENTERPRISE AGREEMENT 2016

Stevedoring industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JULY 2017

Application for approval of the Qube Ports Pty Ltd Port of Esperance Enterprise Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Qube Ports Pty Ltd Port of Esperance Enterprise Agreement 2016 (Agreement). The application was made by Qube Ports Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Maritime Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Maritime Union of Australia and that the Agreement covers these organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2017. 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 Federal Circuit Court, Qube Ports Pty Ltd applied for approval of the Qube Ports Pty Ltd Port of Esperance Enterprise Agreement 2017. The applicants sought approval of the agreement as a lawful agreement under the Fair Work Act 2009. The applicant submitted that the agreement contained all the necessary provisions, was the product of genuine bargaining, and had been appropriately certified by the Fair Work Commission.

The court was required to determine whether the agreement complied with all the necessary legislative provisions, was genuinely negotiated, and was appropriately certified. The applicant argued that the agreement met all the requirements for approval and that the certification process had been correctly followed. The court found that the agreement contained all the necessary provisions and was the product of genuine bargaining, as evidenced by the certification by the Fair Work Commission. The court further found that the agreement was not inconsistent with any federal safety or health statute.

The court approved the agreement as a lawful agreement under the Fair Work Act 2009. The court found that the agreement was appropriately certified, complied with all the necessary provisions, and was the product of genuine bargaining. The court noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for wages, hours of work, leave, and dispute resolution. The court further found that the agreement provided for a fair and equitable outcome for both the employer and employees.

Qube Ports Pty Ltd

DECISION

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