DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2017/1095)

QUBE PORTS PTY LTD PORT OF DAMPIER ENTERPRISE AGREEMENT 2016

Stevedoring industry
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Dampier 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 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 18 April 2017 and, in accordance with s.54, will operate from 25 April 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 applied to the Fair Work Commission for approval of the Qube Ports Pty Ltd Port of Dampier Enterprise Agreement 2016. The applicant, a port operator, and the respondents, trade unions representing employees at the Dampier port, sought the approval under the Fair Work Act 2009. The unions opposed the application on the basis that the agreement contained unfair provisions. The Commission was required to determine whether the provisions of the agreement met the requirements for approval under the Act. This involved assessing whether the agreement provided for a fair and efficient workplace and whether it contained any unfair provisions.

The Commission found that the agreement was efficient and met the requirements of the Act. It considered the bargaining positions of the parties, the nature of the bargaining, and the provisions of the agreement. The Commission found that the agreement provided for a fair and efficient workplace and that there were no unfair provisions. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes and for the protection of employees' rights.

The application for approval was granted. The Fair Work Commission found that the Qube Ports Pty Ltd Port of Dampier Enterprise Agreement 2016 met the requirements of the Fair Work Act 2009 and approved the agreement. The agreement provides for a fair and efficient workplace, appropriate mechanisms for the resolution of disputes, and the protection of employees' rights. The Commission's decision provides guidance to port operators and trade unions on the requirements for an enterprise agreement under the Fair Work Act 2009.

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