DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports
(AG2020/3602)

QUBE PORTS PTY LTD OF WHYALLA ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 DECEMBER 2020

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

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

The applicant, Qube Ports Pty Ltd trading as Qube Ports, sought approval of the Qube Ports Pty Ltd Port of Whyalla Enterprise Agreement 2020 from the Fair Work Commission. The dispute centred on the terms and conditions of employment for certain workers at the Port of Whyalla, and the negotiation process that led to the agreement. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the processes set out in the Fair Work Act. Specifically, the Commission needed to consider whether the agreement was made in good faith and whether it was genuinely negotiated. Furthermore, the Commission had to assess whether the agreement complied with the provisions of the Act regarding its content and the manner in which it was made.

In its decision, the Commission found that the agreement had been made in good faith and that it was genuinely negotiated. The Commission also determined that the agreement complied with the requirements of the Act. The Commission noted that the negotiation process had been conducted over an extended period, and that both parties had made concessions to reach the agreement. The Commission concluded that the agreement was fair and reasonable, and it approved the Qube Ports Pty Ltd Port of Whyalla Enterprise Agreement 2020.

As a result of the Commission's decision, the agreement was approved and registered with the Fair Work Commission. The agreement will now govern the terms and conditions of employment for the relevant workers at the Port of Whyalla.

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