Qube Ports Pty Ltd T/A Qube Ports

[2022] FWCA 624

[2022] FWCA 624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports

(AG2022/157)

Qube Ports Pty Ltd TT Line Victoria Enterprise Agreement 2020

Stevedoring industry
COMMISSIONER O’NEILL	MELBOURNE, 23 FEBRUARY 2022

Application for approval of the Qube Ports Pty Ltd TT Line Victoria Enterprise Agreement 2020

1. Qube Ports Pty Ltd has applied for approval of an enterprise agreement known as the Qube Ports Pty Ltd TT Line Victoria Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. 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.

1. 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.

1. The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Construction, Forestry, Maritime, Mining and Energy Union 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 20.7 – Termination;

·           Clause 21.2.3 – Redundancy; and

·           Clause 21.3.1 – Redundancy Payments.

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A