DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports
(AG2020/3519)

QUBE PORTS PTY LTD PORT OF PORTLAND ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 DECEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Portland 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 Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 25 December 2020. 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 approval of the Qube Ports Pty Ltd Port of Portland Enterprise Agreement 2020. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness afforded to employees and the proper representation of employee interests. The Fair Work Commission was tasked with determining if the agreement had been made in accordance with the legislative framework governing enterprise agreements. Specifically, the Commission needed to consider whether Qube Ports had provided adequate information and consultation to employees, and whether the employees' representatives had been properly authorised to negotiate on their behalf.

The legal issues before the Commission involved an examination of the procedural steps taken during the negotiation and agreement process. The Commission had to assess if Qube Ports had met its obligations under the Fair Work Act to provide genuine opportunities for employee participation and to ensure that employee representatives were genuinely representative of the workforce. Additionally, the Commission considered whether the agreement itself contained terms that were consistent with the Act’s requirements for enterprise agreements, including minimum entitlements and procedural protections.

In its decision, the Fair Work Commission determined that Qube Ports had generally met its obligations under the Fair Work Act. The Commission found that the company had provided adequate information and consultation to employees, and that the employee representatives had been properly authorised. The Commission also concluded that the terms of the agreement were consistent with the requirements of the Act. Therefore, the Commission approved the Qube Ports Pty Ltd Port of Portland Enterprise Agreement 2020, finding it to be compliant with the legislative framework. This decision was based on a comprehensive review of the evidence and submissions provided by both parties.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, effective from the date of the decision. The Commission also directed that the agreement be registered with the Fair Work Ombudsman, ensuring that it would be legally enforceable under the Fair Work Act. The decision provided clarity for both Qube Ports and its employees regarding the terms of their employment and the procedural fairness that had been observed during the negotiation process.

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