DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2017/2764)

QUBE PORTS PTY LTD PORT OF PORT KEMBLA ENTERPRISE AGREEMENT 2016

Stevedoring industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 SEPTEMBER 2017

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

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

The case involved Qube Ports Pty Ltd, trading as Qube Ports & Bulk, and the Maritime Union of Australia. The dispute was over the approval of the Qube Ports Pty Ltd Port of Port Kembla Enterprise Agreement 2016, which was to be determined by the Fair Work Commission. The maritime union sought to challenge the agreement, arguing that it did not provide adequate protections for employees, particularly in relation to redundancy and other employment conditions.

The central legal issues before the Commission were whether the enterprise agreement was fair and reasonable, and whether it met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions, and whether it met the "better off overall test" to ensure that employees would not be worse off under the new agreement than they were under the previous award.

In its reasoning, the Fair Work Commission considered the evidence presented by both parties, focusing on the economic and social impacts of the agreement. The Commission found that the enterprise agreement contained provisions that were fair and reasonable, and that it met the statutory criteria for approval. The Commission was satisfied that the agreement provided for adequate redundancy provisions and other terms and conditions that were better off overall for employees compared to the previous award. Consequently, the Commission approved the Qube Ports Pty Ltd Port of Port Kembla Enterprise Agreement 2016.

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