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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Ports Pty Ltd, trading as Qube Ports, applied to the Fair Work Commission for approval of the Qube Ports Pty Ltd National Material Handling Enterprise Agreement 2018. The application involved the approval of a new enterprise agreement, which aimed to govern the employment conditions of the company’s workers involved in material handling. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether the agreement had been appropriately negotiated. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable processes for the resolution of workplace disputes. The negotiation process and the content of the agreement were scrutinized to ensure compliance with statutory requirements.

The Fair Work Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission was satisfied that the agreement had been negotiated appropriately and provided for fair and reasonable processes for dispute resolution. The Commission noted the efforts made by both parties to reach a fair agreement, and concluded that the agreement was in the best interests of the employees and the employer. As such, the Commission approved the application for the agreement.

The Fair Work Commission approved the Qube Ports Pty Ltd National Material Handling Enterprise Agreement 2018, subject to the agreement being registered with the Fair Work Commission. The approval was contingent upon the agreement being in writing and signed by the relevant parties. The Commission directed that the agreement be registered and published in accordance with the Fair Work Act 2009. The approval was effective from the date of the Commission’s decision, and the agreement was to be given effect as a registered agreement.

Qube Ports Pty Ltd T/A Qube Ports Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established