DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2017/1157)

QUBE PORTS PTY LTD PORT OF GERALDTON ENTERPRISE AGREEMENT 2016

Stevedoring industry
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Geraldton 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 T/A Qube Ports & Bulk. 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 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission (FWC) involved an application by Qube Ports Pty Ltd trading as Qube Ports & Bulk for approval of the Qube Ports Pty Ltd Port of Geraldton Enterprise Agreement 2016. The applicants sought to have the enterprise agreement approved under the Fair Work Act 2009, with the Australian Maritime Officers’ Union acting as the relevant union for the purposes of the application. The dispute centred on whether the agreement met the statutory requirements for approval, including the consideration of its impact on employees' rights and conditions.

The primary legal issue before the FWC was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act. This involved assessing the agreement's adherence to the ‘better off overall test’ which requires that employees under the agreement be no worse off financially and at least as well off in terms of conditions when compared to their previous awards or agreements. Additionally, the court had to consider whether the agreement was fairly negotiated and whether it contained appropriate dispute resolution mechanisms.

The FWC found that the agreement satisfied the statutory requirements for approval. The commission noted that the enterprise agreement provided for improved conditions in several areas, including leave entitlements, shift penalties, and the introduction of a dedicated employee assistance program. The FWC also acknowledged that the agreement was the result of genuine and meaningful negotiations between the parties. After considering the submissions and evidence presented, the FWC concluded that the agreement was fair and met all necessary criteria for approval.

Consequently, the Full Bench of the FWC approved the Qube Ports Pty Ltd Port of Geraldton Enterprise Agreement 2016. The decision was based on the comprehensive evaluation of the agreement against the statutory requirements and the evidence of fair and genuine negotiations.

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