DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports & Bulk
(AG2017/1523)

QUBE PORTS PTY LTD PORT OF PORTLAND ENTERPRISE AGREEMENT 2016

Stevedoring industry
COMMISSIONER GREGORY	MELBOURNE, 2 JUNE 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Portland 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, 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 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In the matter of Qube Ports Pty Ltd T/A Qube Ports & Bulk, the company sought approval of the Qube Ports Pty Ltd Port of Portland Enterprise Agreement 2016 from the Fair Work Commission. The dispute centred on the terms of the enterprise agreement, which aimed to govern the employment conditions of workers at the Port of Portland. The applicants argued that the agreement contained necessary amendments to address operational efficiencies and the needs of the port's workforce. The respondents, representing the workers, contested certain provisions of the agreement, asserting they were detrimental to the employees' interests.

The legal issues before the Commission involved whether the proposed amendments to the enterprise agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the procedural fairness and good faith bargaining principles. Additionally, the Commission examined whether the agreement adequately addressed the needs of both the employer and the employees and whether it met the statutory criteria for approval.

The Fair Work Commission, after considering the submissions and evidence from both parties, found that the proposed amendments to the enterprise agreement were fair and reasonable. The Commission determined that the agreement provided for appropriate terms and conditions of employment, and that it complied with the statutory requirements for approval. The Commission was satisfied that the agreement reflected a fair and reasonable outcome, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the Qube Ports Pty Ltd Port of Portland 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