Qube Ports Pty Ltd T/A Qube Ports
[2024] FWCA 4251
•2 DECEMBER 2024
| [2024] FWCA 4251 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Qube Ports Pty Ltd T/A Qube Ports
(AG2024/3950)
QUBE PORTS PTY LTD - PORT KEMBLA SHIFT MANAGERS AND PLANNERS ENTERPRISE AGREEMENT 2024
| Stevedoring industry | |
| COMMISSIONER P RYAN | SYDNEY, 2 DECEMBER 2024 |
Application for approval of the Qube Ports Pty Ltd - Port Kembla Shift Managers and Planners Enterprise Agreement 2024.
Qube Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Qube Ports Pty Ltd - Port Kembla Shift Managers and Planners Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer 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.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration and the responses to issues identified.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the FW Regulations is taken to be a term of the Agreement.
Section 183 Bargaining Representative
The Australian Maritime Officers’ Union (AMOU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the AMOU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 December 2024. The nominal expiry date of the Agreement is 2 December 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE527015 PR781931>
Annexure A
0
0
0