Qube Ports Pty Ltd T/A Qube Ports Summary

[2022] FWCA 4181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports

(AG2022/4868)

Qube Ports Pty Limited Darwin Materials Handling Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 NOVEMBER 2022

Application for approval of the Qube Ports Pty Ltd Darwin Material Handling Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Darwin Material Handling Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Ports Pty Ltd T/A Qube Ports made an application to the Fair Work Commission to approve the Qube Ports Pty Ltd Darwin Material Handling Enterprise Agreement 2022. The application was brought before Commissioner Wilson and involved the negotiation and ratification of the terms of employment for a workforce at the Darwin Port.

The key legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement met the criteria for 'registration' as set out in the Act, ensuring it was fairly and appropriately negotiated and contained all mandatory terms.

The Commission examined the negotiation process, the content of the agreement, and whether it provided for a fair and reasonable resolution of the parties' interests. The Commission found that the negotiation process was conducted in good faith, and the agreement contained all mandatory terms and provisions as required by the Fair Work Act. Commissioner Wilson concluded that the agreement was appropriately negotiated and met the necessary criteria for registration, and thus approved the agreement.

The Fair Work Commission approved the Qube Ports Pty Ltd Darwin Material Handling Enterprise Agreement 2022, confirming its compliance with the statutory requirements and its appropriateness for registration. This decision ensures the workforce at the Darwin Port has a ratified agreement governing their terms and conditions of employment.

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