Qube Ports Pty Ltd T/A Qube Ports & Bulk

[2017] FWCA 5125

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk

(AG2017/3086)

Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2016

Stevedoring industry
Commissioner Johns	SYDNEY, 3 OCTOBER 2017

Application for approval of the Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2016.

On 25 July 2017 Qube Ports Pty Ltd T/A Qube Ports & Bulk (Applicant) made an application for approval of the Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from10 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Ports Pty Ltd, trading as Qube Ports & Bulk, recently applied to the Fair Work Commission for the approval of the Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2016. The dispute arose from the negotiation and subsequent submission of this enterprise agreement for the employees working in Sydney Harbour. The matter was heard and determined by the Fair Work Commission, which holds jurisdiction over such employment-related matters in Australia.

The primary legal issue before the court was whether the enterprise agreement complied with the relevant statutory requirements and provisions under the Fair Work Act 2009. This included assessing whether the agreement covered all necessary terms, was free from prohibited content, and was made in good faith. The court also had to determine if the agreement adequately represented the interests of the employees and if the process of its negotiation and execution was fair and transparent.

The Fair Work Commission found that the Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2016 was indeed compliant with the statutory requirements. The commission noted that the agreement was negotiated in good faith and contained all necessary terms. It was free from any prohibited content and appropriately represented the interests of the employees involved. The process of negotiation and execution was deemed to be fair and transparent, meeting all legal standards set out in the Fair Work Act 2009.

As a result of this determination, the Fair Work Commission approved the Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2016, making it a legally binding instrument between Qube Ports Pty Ltd and its employees. This approval ensures that the agreement will be enforceable, providing clarity and stability in the employment relationship governed by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established