DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2017/1100)

QUBE PORTS PTY LTD PORT OF HEDLAND ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Hedland 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 and, in accordance with s.54, will operate from 25 April 2015. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Qube Ports Pty Ltd, trading as Qube Ports & Bulk, applied to the Fair Work Commission for approval of the Qube Ports Pty Ltd Port of Port Hedland Enterprise Agreement 2016. The application was contested by the respondent, the Maritime Union of Australia. The applicants sought approval of the enterprise agreement under the Fair Work Act 2009, which would allow it to be registered with the Fair Work Commission and thereby become binding on the employees covered by the agreement. The dispute centred on whether the agreement met the statutory requirements for approval, including whether it provided for the proper classification of employees and whether it contained appropriate dispute resolution provisions.

The legal issues before the Commission were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including appropriate classification of employees and adequate dispute resolution mechanisms. The Commission also had to determine whether the agreement was made in good faith and whether it met the requirements for "direct" or "indirect" approval.

The Commission found that the enterprise agreement met the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions, including appropriate classification of employees and adequate dispute resolution mechanisms. The Commission also found that the agreement was made in good faith and met the requirements for indirect approval, as it had been subject to a vote by the employees and the majority had voted in favour of the agreement. The Commission approved the enterprise agreement, and it was registered with the Fair Work Commission on 1 July 2016.

The Fair Work Commission approved the Qube Ports Pty Ltd Port of Port Hedland Enterprise Agreement 2016, finding that it met the statutory requirements for approval under the Fair Work Act and the Fair Work Regulations. The agreement was found to provide for fair and reasonable terms and conditions, including appropriate classification of employees and adequate dispute resolution mechanisms. The agreement was also found to have been made in good faith and to have met the requirements for indirect approval, as it had been subject to a vote by the employees and the majority had voted in favour of the agreement. The agreement was registered with the Fair Work Commission on 1 July 2016.

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