Qube Ports Pty Ltd Trading AS Qube Ports

[2025] FWCA 1450

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

(AG2025/1117)

QUBE PORTS PTY LTD PORT OF BUNBURY ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Bunbury 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.

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

Clause 34.5(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 34.5 will be read in conjunction with the reasonable notice requirements for Personal/carer’s leave under the National Employment Standards in accordance with Clause 5.6 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 8 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

Qube Ports Pty Ltd, trading as Qube Ports, applied to the Fair Work Commission for approval of the Qube Ports Pty Ltd Port of Bunbury Enterprise Agreement 2024. The dispute centred on the terms and conditions of employment for the employees at the Port of Bunbury, including wages, hours of work, and other employment-related matters. The matter was heard by Deputy President S.J. Ainsworth of the Fair Work Commission.

The primary legal issues the court had to address were whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009, and whether the process by which the agreement was made was fair and appropriate. This included examining whether there was genuine bargaining between the parties and whether the agreement was made in good faith. The court also needed to ensure that the agreement did not adversely affect employees' existing conditions of employment.

Deputy President Ainsworth determined that the application for approval was valid and that the agreement met all necessary statutory requirements. The Deputy President found that there had been genuine bargaining between the parties and that the agreement was made in good faith. The Deputy President also concluded that the agreement did not unfavorably affect the employees' existing conditions. Therefore, the application for approval was approved, and the Qube Ports Pty Ltd Port of Bunbury Enterprise Agreement 2024 was certified as effective.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established