DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd
(AG2017/1084)

QUBE PORTS PTY LTD PORT OF BUNBURY ENTERPRISE AGREEMENT 2016

Stevedoring industry
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Bunbury 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 T/A Qube Ports & Bulk. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Maritime Union of Australia 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.

[4] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Qube Ports Pty Ltd, sought approval of the Qube Ports Pty Ltd Port of Bunbury Enterprise Agreement 2016 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for certain employees at the Port of Bunbury, which was part of the broader agreement between Qube Ports Pty Ltd and the Maritime Union of Australia. The applicant argued that the agreement provided fair and reasonable terms and conditions for the employees, while the respondent union contested certain provisions, particularly those relating to overtime and shift allowances.

The legal issues before the court were whether the agreement was in the best interests of the employees and whether it provided fair and reasonable terms and conditions of employment. The court had to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the requirements for approval under the Fair Work (Registered Organisations) Act 2009. The court also had to determine whether the agreement was free from any unfair or discriminatory provisions.

The Fair Work Commission found that the agreement was in the best interests of the employees and provided fair and reasonable terms and conditions of employment. The court considered the evidence presented by both parties and determined that the agreement complied with the relevant provisions of the Fair Work Act 2009. The court found that the agreement was free from any unfair or discriminatory provisions and that it met the requirements for approval under the Fair Work (Registered Organisations) Act 2009. The court approved the agreement and directed that it be registered with the Fair Work Commission.

The court's decision was based on the evidence presented by both parties and the considerations outlined in the Fair Work Act 2009. The court found that the agreement was fair and reasonable and provided for the best interests of the employees. The court approved the agreement and directed that it be registered with the Fair Work Commission. The decision provides guidance for future enterprise agreements and ensures that the rights and interests of employees are protected.

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