DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports
(AG2021/6500)

QUBE PORTS PTY LTD PORT OF DAMPIER ENTERPRISE AGREEMENT 2020

Stevedoring industry
COMMISSIONER LEE	MELBOURNE, 18 AUGUST 2021

Application for approval of the Qube Ports Pty Ltd Port of Dampier Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Dampier 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 Qube Ports Pty Ltd T/A Qube Ports. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Qube Ports Pty Ltd, trading as Qube Ports, sought approval of the Qube Ports Pty Ltd Port of Dampier Enterprise Agreement 2020. The respondent, the Maritime Union of Australia, opposed the application. The dispute was brought before the Fair Work Commission. The central legal issues involved the fairness and compliance of the enterprise agreement with the relevant federal industrial legislation. The court needed to determine whether the agreement met the necessary criteria for approval, including if it was made in good faith and provided fair and reasonable terms.

The Fair Work Commission examined the evidence and arguments presented by both parties. The commission focused on whether the agreement was genuinely negotiated and if it provided fair and reasonable terms and conditions. The respondent argued that the agreement did not adequately protect workers' interests and was not made in good faith. After reviewing the evidence, the commission found that the agreement was genuinely negotiated and met the necessary criteria for approval. The commission concluded that the agreement was fair and reasonable and did not contain any provisions that were contrary to public policy.

The Fair Work Commission approved the Qube Ports Pty Ltd Port of Dampier Enterprise Agreement 2020. The court found that the agreement was genuinely negotiated and provided fair and reasonable terms and conditions for the employees. The commission also determined that the agreement did not contain any provisions that were contrary to public policy. The Maritime Union of Australia's opposition to the application was dismissed. The agreement is now approved and will apply to the employees covered by it.

Qube Ports Pty Ltd T/A Qube Ports

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established