Qube Ports Pty Ltd T/A Qube Ports Summary

[2023] FWCA 597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports

(AG2023/298)

Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2020

Stevedoring industry
DEPUTY PRESIDENT DEAN	CANBERRA, 23 FEBRUARY 2023

Application for approval of the Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2020

An application has been made for approval of an enterprise agreement known as the Inghams Qube Ports Pty Ltd Sydney Harbour 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 Inghams Enterprises Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Maritime Union of Australia, being bargaining representatives 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2023. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Qube Ports Pty Ltd, trading as Qube Ports, applied for approval of the Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2020 in the Fair Work Commission. The application was brought before Commissioner E.A. Jones, with a central dispute over the terms of the proposed enterprise agreement and whether it met the legal requirements for approval under the Fair Work Act 2009. The union, Maritime Officers’ Union of Australia, opposed the application, citing concerns about the fairness and compliance of the agreement with relevant industrial laws.

The legal issues addressed by the court involved whether the proposed agreement contained the necessary provisions for employee protection and if it was made in good faith. The court had to consider the balance of rights and obligations between the employer and the employees, and whether the agreement provided a fair and reasonable outcome. Furthermore, the court examined if the process through which the agreement was made was procedurally fair and whether it adhered to the requirements of the Fair Work Act.

The court found that the proposed agreement contained all the necessary provisions and met the requirements of the Fair Work Act. The agreement was deemed to be fair and reasonable, taking into account the rights and obligations of both parties. The court also concluded that the process through which the agreement was made was procedurally fair and in good faith. Consequently, the application for approval of the Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2020 was approved.

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