Qube Ports Pty Ltd Trading AS Qube Ports Summary

[2025] FWCA 1447

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

(AG2025/1114)

QUBE PORTS PTY LTD PORT OF DARWIN ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Darwin 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 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 Standards in accordance with Clause 5.5 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

The application before the Fair Work Commission involved Qube Ports Pty Ltd, trading as Qube Ports, seeking approval of the 2024 Port of Darwin Enterprise Agreement. The agreement was being submitted to the Commission for its consideration under the Fair Work Act 2009, with the primary focus on whether the agreement met the legal requirements for approval. The Commission's role was to determine if the agreement was procedurally sound and if it contained provisions that were fair and reasonable.

The central legal issues before the Commission were whether the agreement had been made in accordance with the statutory requirements of the Fair Work Act, including if the necessary consultation processes had been undertaken and if the agreement was free from prohibited content. Additionally, the Commission had to assess if the agreement contained provisions that were fair and reasonable in all respects, taking into account the principles of enterprise bargaining as outlined in the Act. The Commission also needed to ensure that the agreement did not discriminate against any group of employees or otherwise contravene the relevant provisions of the Act.

In examining the application, the Commission considered the evidence presented by Qube Ports regarding the consultation process, which included submissions from the parties involved, and the fairness and reasonableness of the agreement's provisions. The Commission found that the necessary consultation processes had been followed and that the agreement was free from prohibited content. Furthermore, the Commission determined that the agreement contained provisions that were fair and reasonable and did not contravene the Fair Work Act. Based on these findings, the Commission approved the agreement, acknowledging that it met all the statutory requirements for enterprise agreements under the Act.

The Fair Work Commission approved the 2024 Port of Darwin Enterprise Agreement, finding it to be fair and reasonable and in compliance with the requirements of the Fair Work Act. The Commission's approval was based on the evidence that the necessary consultation processes had been followed, and the agreement did not contain any prohibited content. This decision ensures that the agreement will govern the employment terms and conditions of the employees at the Port of Darwin, subject to the provisions of the approved agreement.

Qube Ports Pty Ltd Trading AS Qube Ports

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established