DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports
(AG2021/6359)

QUBE PORTS PTY LTD PORT OF PORT KEMBLA ENTERPRISE AGREEMENT 2021

Stevedoring industry
COMMISSIONER LEE	MELBOURNE, 12 AUGUST 2021

Application for approval of the Qube Ports Pty Ltd Port of Port Kembla Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Port Kembla Enterprise Agreement 2021 (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 19 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

Qube Ports Pty Ltd T/A Qube Ports applied to the Fair Work Commission for approval of the Qube Ports Pty Ltd Port of Port Kembla Enterprise Agreement 2021. The application was opposed by the Transport Workers Union of Australia. The dispute before the Commission was whether the agreement contained all the mandatory terms required by the Fair Work Act 2009 (Cth). The legal issues before the Commission were whether the agreement provided for minimum wages and conditions, and whether it included provisions for a dispute resolution process and allowed for the possibility of additional leave. The Commission found that the agreement met all the mandatory requirements and was therefore approved. The Commission held that the agreement contained all the necessary provisions for minimum wages and conditions, and that it included an effective dispute resolution process. The Commission also noted that the agreement allowed for the possibility of additional leave, which was an acceptable term. The Commission approved the agreement, finding that it met all the requirements of the Fair Work Act. The Commission ordered that the agreement be approved and registered with the Fair Work Commission.

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