Qube Ports Pty Ltd T/A Qube Ports
[2025] FWCA 103
•13 JANUARY 2025
| [2025] FWCA 103 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Qube Ports Pty Ltd T/A Qube Ports
(AG2024/4202)
QUBE PORTS PTY LTD SOUTH AUSTRALIAN OUTPORTS ENTERPRISE AGREEMENT 2024
| Stevedoring industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 13 JANUARY 2025 |
Application for approval of the Qube Ports Pty Ltd South Australian Outports Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd South Australian Outports Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Qube Ports Pty Ltd T/A Qube Ports (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry and Maritime Employees 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) of the Act I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 20 January 2025. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527568 PR783202>
Annexure A
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