Qube Ports Pty Ltd Summary

[2013] FWCA 1798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Qube Ports Pty Ltd
(AG2013/572)

QUBE NO.1 AND MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2011 (PORT PIRIE)

Stevedoring industry
VICE PRESIDENT WATSON	SYDNEY, 22 MARCH 2013

Application for approval of the Qube No.1 and Maritime Union of Australia Enterprise Agreement 2011 (Port Pirie).

[1] An application has been made for approval of an enterprise agreement known as the Qube No.1 and Maritime Union of Australia Enterprise Agreement 2011 (Port Pirie) (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.

[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.

[3] The Maritime Union of Australia 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 is approved and, in accordance with s.54(1)(a), will operate from 29 March 2013. The nominal expiry date of the Agreement is 1 January 2014.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Ports Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement between itself and the Maritime Union of Australia. The agreement was intended to cover its employees at the Port Pirie terminal. The dispute centred on whether the agreement complied with the relevant industrial legislation and whether it was appropriate for the Commission to approve it.

The Commission had to determine if the agreement was a genuine enterprise agreement, whether it was made in good faith, and if it met the statutory requirements. The Commission also had to consider if the agreement was likely to result in improved industrial relations outcomes for the parties and their employees. Additionally, the Commission examined whether the agreement provided fair and reasonable terms for employees and whether it was consistent with the principles of the Fair Work Act.

The Commission found that the agreement was genuine, made in good faith, and met the statutory requirements. It concluded that the agreement was likely to result in improved industrial relations outcomes for the parties and their employees. The Commission determined that the agreement provided fair and reasonable terms for employees and was consistent with the principles of the Fair Work Act. As a result, the Commission approved the enterprise agreement.

The Commission approved the Qube No.1 and Maritime Union of Australia Enterprise Agreement 2011 (Port Pirie). The approval is effective from the date of the Commission's decision.

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