DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports
(AG2021/4474)

QUBE PORTS PTY LTD PORT OF BRISBANE ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 APRIL 2021

Application for approval of the Qube Ports Pty Ltd Port of Brisbane Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Brisbane 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 4 May 2021. The nominal expiry date of the Agreement is 30 June 2024.

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 the approval of the Qube Ports Pty Ltd Port of Brisbane Enterprise Agreement 2020. The application arose from negotiations between the applicant and the Maritime Union of Australia, resulting in an enterprise agreement that was to be applied to employees of Qube Ports Pty Ltd. The primary dispute centred on the procedural fairness and the appropriate scope of the agreement as per the Fair Work Act 2009.

The legal issues before the court included whether the negotiation process was fair and whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if there was genuine bargaining between the parties, if the agreement was made in good faith, and whether it was appropriately certified by the Independent certifier. Additionally, the court examined whether the agreement adequately covered the terms and conditions of employment and if it complied with the relevant provisions of the Act.

The Fair Work Commission found that the negotiation process was procedurally fair, and that the agreement was genuinely negotiated and made in good faith. The court considered the evidence presented and concluded that the agreement met all the statutory requirements. The agreement was deemed to cover all necessary terms and conditions of employment, and it was appropriately certified. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Qube Ports Pty Ltd Port of Brisbane Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the date of the decision and would apply to the employees of Qube Ports Pty Ltd as specified in the 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