DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports
(AG2020/3427)

QUBE PORTS PTY LTD PORT OF MELBOURNE ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 DECEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Melbourne 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, trading as Qube Ports, applied to the Fair Work Commission for approval of the Qube Ports Pty Ltd Port of Melbourne Enterprise Agreement 2020. The application arose in the context of negotiations for a new enterprise agreement between Qube Ports and its employees, some of whom were represented by the Maritime Union of Australia. The dispute centred on the terms of the proposed agreement and whether it complied with relevant industrial relations laws.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider whether the agreement was made in good faith and whether it provided for the proper protection of employees' rights. Additionally, the Commission had to determine if the agreement met the criteria for a 'single interest employer' and 'single interest employee' agreement under the Act.

The Commission found that the proposed agreement contained terms that were fair and reasonable, taking into account the economic circumstances of the parties and the need for a flexible and efficient workforce. The Commission was satisfied that the agreement was made in good faith and provided for the proper protection of employees' rights. The Commission also determined that the agreement met the criteria for a 'single interest employer' and 'single interest employee' agreement, as it was made between Qube Ports and the union representing its employees. Accordingly, the Commission approved the agreement, which will now be binding on the parties.

The Fair Work Commission approved the Qube Ports Pty Ltd Port of Melbourne Enterprise Agreement 2020, effective from 1 July 2020. The agreement will now govern the terms and conditions of employment for the employees covered by 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