Qube Ports Pty Ltd Trading AS Qube Ports Summary

[2025] FWCA 1446

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

(AG2025/1112)

QUBE PORTS PTY LTD PORT OF MELBOURNE ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Melbourne 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 5.4 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

In the Fair Work Commission, Qube Ports Pty Ltd, trading as Qube Ports, applied for the approval of the Qube Ports Pty Ltd Port of Melbourne Enterprise Agreement 2024. The agreement in question pertains to the terms and conditions of employment for the workers at the Port of Melbourne, including matters such as wages, hours of work, and other employment-related issues. The dispute arose as the parties could not agree on the terms of the proposed enterprise agreement, necessitating the intervention of the Commission.

The legal issues before the Commission involved the validity and enforceability of the proposed agreement under the Fair Work Act 2009. Key considerations included whether the agreement had been made in good faith, whether it provided for the proper protection of employees' rights and entitlements, and whether it met the requirements of the Better Off Overall Test (BOOT). Additionally, the Commission needed to assess whether the agreement adequately addressed the needs and interests of the employees and whether it complied with the relevant provisions of the National Employment Standards and other applicable industrial instruments.

After considering the submissions and evidence from both parties, the Commission determined that the proposed agreement was fair and reasonable. It found that the agreement had been made in good faith and provided for the proper protection of employees' rights and entitlements. The Commission also concluded that the agreement met the BOOT, as it offered employees a better overall package of pay and conditions compared to the applicable award or other relevant industrial instrument. Furthermore, the agreement addressed the needs and interests of the employees and complied with the relevant provisions of the National Employment Standards and other applicable industrial instruments.

Consequently, the Commission approved the Qube Ports Pty Ltd Port of Melbourne Enterprise Agreement 2024, determining that it met the legal criteria for approval under the Fair Work Act 2009. The agreement was registered with the Fair Work Commission, and the parties were bound by its terms and conditions. The approval of the agreement ensures that the employees at the Port of Melbourne will benefit from the agreed-upon terms and conditions of employment, providing a fair and reasonable outcome for all parties involved.

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