DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2018/6087)

QUBE PORTS PTY LTD PORT OF ASHBURTON ENTERPRISE AGREEMENT 2018

Stevedoring industry
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Qube Ports Pty Ltd Port of Ashburton Enterprise Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Qube Ports Pty Ltd Port of Ashburton Enterprise Agreement 2018 (the Agreement). The application was made by Qube Ports Pty Ltd T/A Qube Ports & Bulk pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2019. 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

Qube Ports Pty Ltd, trading as Qube Ports & Bulk, applied for approval of the Qube Ports Pty Ltd Port of Ashburton Enterprise Agreement 2018 before the Fair Work Commission. The application arose from negotiations between Qube Ports and a number of trade unions representing employees at the Port of Ashburton. The unions sought to ensure that the enterprise agreement provided fair and reasonable terms and conditions for their members.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement satisfied the good faith bargaining obligations, whether it provided for minimum terms, and if it contained the necessary provisions for employee protection and dispute resolution. Furthermore, the Commission assessed whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

The Commission found that the enterprise agreement met all the statutory requirements. It concluded that the agreement was made in good faith, contained minimum terms as mandated by the Act, and included necessary provisions for employee protection and dispute resolution. The Commission also determined that the agreement was consistent with the relevant Acts. Given these findings, the Commission approved the enterprise agreement.

The Commission's final order was that the Qube Ports Pty Ltd Port of Ashburton Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009. This decision meant that the agreement would govern the employment terms and conditions of the employees at the Port of Ashburton from the date of registration.

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