DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2018/1374)

QUBE PORTS PTY LTD PORT OF NEWCASTLE ENTERPRISE AGREEMENT 2016

Stevedoring industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 AUGUST 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Newcastle 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 Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 15 August 2018 and, in accordance with s.54, will operate from 22 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Ports Pty Ltd, trading as Qube Ports & Bulk, made an application to the Fair Work Commission for approval of the Qube Ports Pty Ltd Port of Newcastle Enterprise Agreement 2016. The agreement was to govern the terms and conditions of employment of employees at the Port of Newcastle. The application was contested by several unions and individual employees who raised concerns about various provisions in the agreement.

The central legal issues before the Fair Work Commission involved the fairness and validity of several clauses in the proposed agreement. These included provisions related to penalty rates, shift patterns, and the classification of employees. The unions and employees argued that certain clauses did not adequately protect employees' rights and working conditions, and were not consistent with the Fair Work Act 2009.

In examining the application, the Fair Work Commission considered the principles of procedural fairness, the substantive fairness of the agreement's terms, and whether the agreement complied with the relevant provisions of the Fair Work Act. The Commission also took into account the need to balance the interests of the employer and employees. After careful consideration of the evidence and submissions, the Commission found that the agreement was fair and appropriate. The Commission approved the Qube Ports Pty Ltd Port of Newcastle Enterprise Agreement 2016, noting that while there were areas of concern, the overall agreement was fair and reasonable in the context of the specific industry and workplace conditions.

The Fair Work Commission's decision was that the application for approval of the enterprise agreement should be granted. This decision was based on the conclusion that the agreement met the statutory requirements of the Fair Work Act and was fair and reasonable in all the circumstances. The agreement was thus approved and came into effect, governing the employment conditions of the employees at the Port of Newcastle.

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