Qube Ports Pty Ltd T/A Qube Ports

[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

Annexure A

CaseChat Overview and Summary

Qube Ports Pty Ltd T/A Qube Ports applied to the Fair Work Commission for approval of the Qube Ports Pty Ltd South Australian Outports Enterprise Agreement 2024. The application was made under the Fair Work Act 2009, which provides a process for the approval of enterprise agreements. The dispute primarily revolved around the terms and conditions of employment for workers within the South Australian outports operations of Qube Ports. The Fair Work Commission, as the relevant authority for such applications, was tasked with determining whether the agreement met the statutory requirements for approval.

The legal issues the court had to address included whether the agreement had been made genuinely and voluntarily without any form of duress or coercion, and if the agreement adequately covered all the necessary provisions as stipulated by the Fair Work Act. Additionally, the court examined whether the agreement was fair and appropriate, considering the balance of rights and obligations, and whether it provided adequate protections for employees.

The Fair Work Commission, after thorough consideration of the evidence and submissions, determined that the agreement had been made genuinely and voluntarily. The Commission found that the agreement covered all necessary provisions and was fair and appropriate. The Commission was satisfied that the agreement provided adequate protections for employees, balancing their rights and obligations effectively. Consequently, the Commission approved the Qube Ports Pty Ltd South Australian Outports Enterprise Agreement 2024.

In light of its findings, the Fair Work Commission approved the enterprise agreement, marking the end of the legal process regarding the terms and conditions of employment for the workers at Qube Ports' South Australian outports. This decision provides clarity and legal certainty for both the employer and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established