DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2017/2329)

QUBE PORTS PTYD LTD SOUTH AUSTRALIAN OUTPORTS ENTERPRISE AGREEMENT 2016

Stevedoring industry
COMMISSIONER LEE	MELBOURNE, 11 AUGUST 2017

Application for approval of the Qube Ports Pty Ltd South Australian Outports Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd South Australian Outports 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

Qube Ports Pty Ltd T/A Qube Ports & Bulk recently applied to the Fair Work Commission for the approval of the Qube Ports Pty Ltd South Australian Outports Enterprise Agreement 2016. The applicant, a company engaged in the bulk handling and storage of goods, sought to have the agreement recognised as a protected action in accordance with the Fair Work Act 2009. The application arose from negotiations between the company and its employees, represented by the Maritime Union of Australia, to establish terms and conditions of employment.

The legal issues before the Commission involved determining whether the agreement met the criteria for approval under the Fair Work Act. These criteria included assessing whether the agreement provided for fair and reasonable terms and conditions, whether it was free from coercion and undue influence, and whether it adhered to the requirements of the Act. Additionally, the Commission needed to consider the impact of the agreement on the employees' rights and protections under the Act.

In examining the agreement, the Commission reviewed its provisions, including those related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also considered submissions from both parties and any relevant evidence. The Commission found that the agreement provided for fair and reasonable terms and conditions and was free from coercion and undue influence. It also determined that the agreement did not undermine the rights and protections of the employees under the Act. Consequently, the Commission approved the Qube Ports Pty Ltd South Australian Outports Enterprise Agreement 2016.

The Fair Work Commission approved the Qube Ports Pty Ltd South Australian Outports Enterprise Agreement 2016, recognising it as a protected action in accordance with the Fair Work Act 2009. This decision ensures that the terms and conditions of employment set out in the agreement are legally binding and enforceable. The approval reflects the Commission's determination that the agreement meets the necessary criteria for protection and does not adversely affect the rights and protections of the employees.

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