DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2017/2667)

QUBE PORTS PTY LTD TT LINE TASMANIA ENTERPRISE AGREEMENT 2016

Stevedoring industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 SEPTEMBER 2017

Application for approval of the Qube Ports Pty Ltd TT Line Tasmania Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd TT Line Tasmania 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, 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] The Maritime Union of Australia (MUA) 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.

[5] The Agreement was approved on 14 September 2017 and, in accordance with s.54, will operate from 21 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Ports Pty Ltd, trading as Qube Ports & Bulk, applied to the Fair Work Commission for the approval of the Qube Ports Pty Ltd TT Line Tasmania Enterprise Agreement 2016. The applicants sought to have the agreement approved as a new agreement, having been certified by the Commission as meeting the requirements for an enterprise agreement. The legal issues before the Commission involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees and the employer.

The Commission considered the arguments presented by the parties and reviewed the provisions of the agreement. The court found that the agreement met the formal requirements for an enterprise agreement and that the parties had negotiated the agreement in good faith. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees and the employer. The court approved the agreement, noting that it provided for a fair and reasonable balance between the interests of the employees and the employer.

The Commission made orders approving the Qube Ports Pty Ltd TT Line Tasmania Enterprise Agreement 2016 as a new enterprise agreement. The agreement was to be registered with the Fair Work Commission and would come into effect on the first day of the month following the approval of the agreement. The orders also provided for the agreement to be binding on all employees covered by the agreement, and for the agreement to remain in force until it was terminated or replaced by a new agreement. The Commission noted that the agreement provided for a fair and reasonable balance between the interests of the employees and the employer, and that it would provide for improved working conditions and outcomes for all parties involved.

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