DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports
(AG2020/2887)

QUBE PORTS PTY LTD PORT OF DARWIN ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 OCTOBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd of Darwin 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 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 28 October 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 case of Qube Ports Pty Ltd T/A Qube Ports involved an application for the approval of the Qube Ports Pty Ltd Darwin Enterprise Agreement 2020. The matter was heard by the Fair Work Commission, specifically by Commissioner S. R. McCabe, in the context of industrial relations and employment law. The applicant, Qube Ports Pty Ltd, sought to have the proposed enterprise agreement registered, which would govern the terms and conditions of employment for its workforce in the Northern Territory.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The Commission also had to consider whether the agreement met the standard of being "fair and reasonable" as per the criteria set out in the legislation.

Commissioner McCabe determined that the proposed enterprise agreement did indeed meet the legislative requirements. The agreement was found to be made in good faith and covered the appropriate bargaining unit. The Commissioner assessed that the terms of the agreement were fair and reasonable, taking into account the evidence presented regarding the bargaining process and the context of the agreement. The proposed agreement was thus approved for registration, providing certainty and clarity for the employees and the employer regarding their rights and obligations moving forward.

The Fair Work Commission approved the Qube Ports Pty Ltd Darwin Enterprise Agreement 2020, marking it as registered under the Fair Work Act. This decision ensures that the agreement will now serve as the governing document for the employment conditions of the workers involved, reflecting the outcomes of a fair and transparent 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