DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports and Bulk
(AG2021/6839)

QUBE PORTS PTY LTD PORT OF ADELAIDE ENTERPRISE AGREEMENT 2020

Stevedoring industry
COMMISSIONER LEE	MELBOURNE, 8 SEPTEMBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Adelaide 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 and Bulk. 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 15 September 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, trading as Qube Ports and Bulk, applied for approval of the Qube Ports Pty Ltd Port of Adelaide Enterprise Agreement 2020 before the Fair Work Commission. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in relation to the procedural fairness and the minimum entitlements it provided to employees.

The primary legal issues the Commission needed to address were whether the agreement had been made in accordance with the procedural requirements set out in the Act, and whether it provided for minimum entitlements as required by the Fair Work Act. This included scrutinising the process by which the agreement was negotiated and whether it had been done so in good faith. The Commission also considered if the agreement satisfied the minimum standards for pay, leave, and other entitlements as stipulated by the relevant industrial instruments.

The Fair Work Commission examined the evidence provided by Qube Ports and Bulk, including the negotiation process and the content of the agreement. It was determined that the agreement had been negotiated in good faith and that all procedural requirements were adhered to. The Commission found that the agreement provided for minimum entitlements as required by the Act. It was satisfied that the agreement met the necessary standards and approved it accordingly.

The final order of the Commission was that the Qube Ports Pty Ltd Port of Adelaide Enterprise Agreement 2020 be approved as a registered agreement, effective from the date of the decision. This approval means that the terms and conditions outlined in the agreement will govern the employment relationship between Qube Ports and its employees at the Port of Adelaide.

Qube Ports Pty Ltd T/A Qube Ports and Bulk

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established