DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports
(AG2020/3788)

QUBE PORTS PTY LTD PORT OF ESPERANCE ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JANUARY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Esperance 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 Maritime Union of Australia (MUA) 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 29 January 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, trading as Qube Ports, applied for the approval of the Qube Ports Pty Ltd Port of Esperance Enterprise Agreement 2020 before the Fair Work Commission (FWC). The dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly focusing on the provisions relating to the minimum entitlements and the procedural fairness in the agreement-making process. The FWC was tasked with determining if the agreement was made in good faith and if it provided for the minimum entitlements of employees as mandated by the Act.

The legal issues before the FWC included whether the agreement contained all the mandated minimum terms and conditions, if the agreement-making process was conducted in good faith, and whether the provisions of the agreement were consistent with the statutory minimum standards. Additionally, the court had to assess if the process of developing the agreement allowed for adequate consultation and participation of the employees' representatives.

In its decision, the FWC concluded that the agreement satisfied the statutory requirements under the Fair Work Act. The FWC found that the agreement included all the mandated minimum terms and conditions and was made in good faith. The Commission also determined that the process of developing the agreement was fair and allowed for adequate consultation with the employees' representatives. As a result, the FWC approved the Qube Ports Pty Ltd Port of Esperance Enterprise Agreement 2020.

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