DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2017/1152)

QUBE PORTS PTY LTD PORT OF FREMANTLE ENTERPRISE AGREEMENT 2016

Stevedoring industry
COMMISSIONER ROE	MELBOURNE, 2 MAY 2017

Application for approval of the Qube Ports Pty Ltd Port of Fremantle Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Fremantle Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Maritime Union of Australia 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.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 9 May 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

Qube Ports Pty Ltd T/A Qube Ports & Bulk sought approval for the Qube Ports Pty Ltd Port of Fremantle Enterprise Agreement 2016 before the Fair Work Commission. The applicant and the Maritime Union of Australia were parties to an existing enterprise agreement that was set to expire. The proposed new agreement aimed to replace the existing one and regulate the employment conditions of the union's members. The central legal issues revolved around whether the new agreement complied with the requirements of the Fair Work Act 2009 and whether it was a "better off overall test" (BOOT) agreement, ensuring that employees were not disadvantaged financially by the new terms.

The commission examined whether the new agreement met the statutory criteria, including whether it contained all the mandated minimum terms and conditions, and whether it was certified by an independent certifier. Additionally, the commission assessed if the new agreement satisfied the BOOT by ensuring that employees were not worse off financially compared to their previous conditions. The commission also considered whether the agreement was made in good faith and whether it provided for adequate dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement met all the statutory requirements and was a BOOT agreement. The commission concluded that the agreement was made in good faith and contained appropriate dispute resolution mechanisms. The commission certified the agreement, allowing it to take effect as the new enterprise agreement between the parties.

The final orders included the approval and certification of the Qube Ports Pty Ltd Port of Fremantle Enterprise Agreement 2016, which replaced the existing agreement and regulated the employment conditions of the union's members.

Qube Ports Pty Ltd T/A Qube Ports & Bulk

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established