Qube Ports Pty Ltd Trading AS Qube Ports

[2025] FWCA 1442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Qube Ports Pty Ltd Trading AS Qube Ports

(AG2025/1111)

QUBE PORTS PTY LTD PORT OF PORT KEMBLA ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MAY 2025

Application for approval of the Qube Ports Pty Ltd Port of Port Kembla Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Port Kembla Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Qube Ports Pty Ltd Trading As Qube Ports. The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 36.5(a) of the Agreement causes ambiguity as it states Employees must notify the Company “in accordance with notification requirements” but does not detail the notification requirements. Clause 36.5 will be read in conjunction with the reasonable notice requirements for Personal/carer’s leave under the National Employment Standard undertaking forming part of the Agreement.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 May 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Qube Ports Pty Ltd, trading as Qube Ports, for approval of the Qube Ports Pty Ltd Port of Port Kembla Enterprise Agreement 2024. The application was heard by the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the legal requirements for approval, including whether it provided for fair and reasonable terms and conditions for employees.

The central legal issue before the Commission was whether the proposed agreement satisfied the criteria for approval as outlined in the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, whether it complied with any relevant provisions of the Fair Work Act, and whether it met the ‘better off overall test’. The Commission also needed to consider whether the agreement had been made in good faith and whether it had been appropriately negotiated.

In considering these issues, the Commission examined the terms of the proposed agreement, the evidence provided by the parties, and the principles established in relevant case law. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions for employees and that it met the ‘better off overall test’. The Commission was also satisfied that the agreement had been made in good faith and had been appropriately negotiated. Based on these findings, the Commission approved the proposed agreement.

Consequently, the Fair Work Commission approved the Qube Ports Pty Ltd Port of Port Kembla Enterprise Agreement 2024. The approval is effective from the date of the decision and will apply to the employees covered by the agreement. This decision ensures that the terms and conditions of employment for these employees are governed by the approved agreement, providing legal certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established