Qube Ports Pty Ltd T/A Qube Ports Pty Ltd

[2018] FWCA 5914

[2018] FWCA 5914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Ports Pty Ltd T/A Qube Ports Pty Ltd
(AG2018/2269)

QUBE PORTS PTY LTD NATIONAL MATERIAL HANDLING ENTERPRISE AGREEMENT 2018

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 20 SEPTEMBER 2018

Application for approval of the Qube Ports Pty Ltd National Material Handling Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd National Material Handling Enterprise Agreement 2018 (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 Pty Ltd on behalf of Qube Ports Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2018. The nominal expiry date of the Agreement is 26 September 2022.

COMMISSIONER

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Annexure A