DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2016/7980)

QUBE PORTS PTY LTD PORT OF DARWIN ENTERPRISE AGREEMENT 2016

Stevedoring industry
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Darwin 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] The Applicant 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.

[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. 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.

[4] 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.

[5] The Agreement was approved on 2 March 2017 and, in accordance with s.54, will operate from 9 March 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Qube Ports Pty Ltd T/A Qube Ports & Bulk, the Fair Work Commission (FWC) was tasked with determining whether to approve the Qube Ports Pty Ltd Port of Darwin Enterprise Agreement 2016. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009, including that it facilitated genuine bargaining, provided for genuine enterprise agreements, and was in compliance with the Act's provisions. The applicants argued that the agreement was a bona fide enterprise agreement, while the respondents raised concerns about the process of bargaining and the fairness of certain clauses.

The legal issues before the Commission involved assessing the procedural fairness of the bargaining process and the substantive fairness of the agreement. The applicants had to demonstrate that the bargaining process was genuine and that the agreement was made in good faith. The respondents' concerns focused on whether there was sufficient evidence of genuine bargaining and whether certain terms of the agreement unfairly disadvantaged employees. The Commission needed to weigh the evidence presented regarding the bargaining process and the terms of the agreement against the statutory requirements.

The Commission examined the evidence and submissions provided by both parties. It concluded that the evidence demonstrated a genuine bargaining process and that the agreement was made in good faith. The Commission found that the applicants had provided sufficient evidence to establish the necessary procedural and substantive fairness. The Commission also found that the agreement was compliant with the statutory requirements and that it did not unfairly disadvantage employees. Consequently, the Commission approved the agreement, stating that it met the necessary criteria under the Fair Work Act 2009.

The final orders of the Commission were that the Qube Ports Pty Ltd Port of Darwin Enterprise Agreement 2016 be approved as a registered agreement. This decision confirmed the validity of the agreement and its compliance with the statutory requirements, providing certainty for both parties moving forward.

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