DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports
(AG2020/4088)

QUBE PORTS PTY LTD PORT OF BUNBURY ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 FEBRUARY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Bunbury 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 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

The Federal Court was asked to consider an application for approval of the Qube Ports Pty Ltd Port of Bunbury Enterprise Agreement 2020. The applicant, Qube Ports Pty Ltd, sought the Court's approval for the enterprise agreement which had been negotiated with a trade union representing employees at the Port of Bunbury. The nature of the dispute involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Court were whether the enterprise agreement complied with the procedural and substantive requirements of the Act. Specifically, the Court needed to determine if the agreement was made in good faith, if it contained the necessary minimum terms, and if the proper procedures for negotiation and agreement had been followed. The Court also had to consider whether the agreement would have a detrimental effect on the employees or the business operations of Qube Ports.

The Court found that the enterprise agreement was procedurally valid and had been negotiated in good faith. It confirmed that the agreement contained all the necessary minimum terms and did not have any detrimental effects on the employees or the business operations. The Court was satisfied that the agreement met all the statutory requirements for approval. Consequently, the Court granted the application and approved the enterprise agreement, ensuring its enforceability under the Fair Work Act.

The final orders of the Court were that the Qube Ports Pty Ltd Port of Bunbury Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. This decision provided legal certainty for both Qube Ports and its employees, ensuring that the terms of the agreement could be enforced moving forward.

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