Qube Ports Pty Ltd T/A Qube Ports Summary

[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

Annexure A

CaseChat Overview and Summary

Qube Ports Pty Ltd, trading as Qube Ports, applied for approval of their 2024 Shift Managers and Planners Enterprise Agreement at the Fair Work Commission. The dispute centred on the terms and conditions of employment for shift managers and planners within the company's operations at Port Kembla. The legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including the necessity for the agreement to meet the "better off overall test" and ensure minimum workplace entitlements.

The Commission considered the fairness of the proposed agreement, examining if it provided employees with conditions no less favourable than the applicable minimum standards and if it was free from any improper influences. The analysis involved assessing whether the agreement was made in good faith and whether it provided adequate protections and benefits to the employees. The Commission also reviewed the bargaining process to ensure it was conducted fairly and without coercion. Ultimately, the Commission found that the agreement met the necessary statutory criteria and approved the enterprise agreement, highlighting its compliance with minimum workplace standards and its alignment with the interests of the employees.

The Commission's decision was grounded in its determination that the agreement did not disadvantage employees and provided a fair balance of rights and obligations. It was noted that the agreement included provisions for minimum wage rates, leave entitlements, and other employment conditions that met or exceeded the legal minimums. The Commission concluded that the agreement was a genuine outcome of collective bargaining and did not contain any unfair or coercive elements. Consequently, the Fair Work Commission approved the Qube Ports Pty Ltd - Port Kembla Shift Managers and Planners Enterprise Agreement 2024, effective from the date of the decision.

Qube Ports Pty Ltd T/A Qube Ports

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established