DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports
(AG2021/5497)

QUBE PORTS PTY LTD TT LINE TASMANIA ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JUNE 2021

Application for approval of the Qube Ports Pty Ltd TT Line Tasmania Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd TT Line Tasmania Enterprise Agreement 2020 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511903 PR730872>
Annexure A

CaseChat Overview and Summary

Qube Ports Pty Ltd, trading as Qube Ports, applied to the Fair Work Commission for the approval of the Qube Ports Pty Ltd TT Line Tasmania Enterprise Agreement 2020. The dispute centred around the terms of the agreement which was intended to cover employees of Qube Ports at the Port of Devonport in Tasmania. The applicant sought to have the agreement approved under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval as set out in the legislation.

The central legal issues the Fair Work Commission had to address included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and whether it contained all the mandatory terms required by the Act. Furthermore, the Commission needed to assess whether the agreement would provide for fair and effective workplace relations and whether it contained any terms that were contrary to public policy. The Commission also considered whether the agreement provided for a proper balance between the rights and obligations of employees and employers.

In making its decision, the Fair Work Commission examined the evidence and submissions provided by Qube Ports and the relevant unions. The Commission found that the agreement had been made in accordance with the procedural requirements of the Act, and that it contained all the mandatory terms required by the legislation. The Commission also determined that the agreement would provide for fair and effective workplace relations and did not contain any terms that were contrary to public policy. The Commission concluded that the agreement provided for a proper balance between the rights and obligations of employees and employers, and approved the agreement.

Consequently, the Fair Work Commission approved the Qube Ports Pty Ltd TT Line Tasmania Enterprise Agreement 2020. This approval means that the terms and conditions set out in the agreement will now apply to the employees covered by it, and will be legally binding on both the employer and the employees. The approval of the agreement is an important step in ensuring that the workplace relations between Qube Ports and its employees are governed by a fair and effective enterprise agreement.

Qube Ports Pty Ltd T/A Qube Ports

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established