Qube Ports Pty Ltd Trading AS Qube Ports Summary

[2025] FWCA 1437

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

(AG2025/1109)

QUBE PORTS PTY LTD PORT OF FREMANTLE ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Fremantle 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 37.5(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 37.5 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

Qube Ports Pty Ltd Trading as Qube Ports, the applicant, sought approval for the Qube Ports Pty Ltd Port of Fremantle Enterprise Agreement 2024 from the Fair Work Commission. The respondent, Maritime Union of Australia (WA Branch), contested the application on the grounds that certain provisions of the agreement were inconsistent with the Fair Work Act 2009. The matter was heard and determined in the Australian Capital Territory.

The central legal issue before the Commission was whether the provisions of the Enterprise Agreement contravened the Act, specifically concerning the classification of employees, wages, and the handling of disputes. The Commission had to assess the fairness and compliance of these provisions within the legislative framework.

In its decision, the Fair Work Commission examined the provisions of the Enterprise Agreement against the criteria set out in the Fair Work Act. The Commission found that, while some provisions raised valid concerns, the overall agreement was fair and consistent with the Act. The Commission emphasised that the agreement provided for appropriate classifications, remuneration, and dispute resolution mechanisms that were in line with the legislative intent. The Commission approved the Enterprise Agreement, subject to certain modifications to address the respondent's concerns.

Consequently, the Fair Work Commission granted approval to the Qube Ports Pty Ltd Port of Fremantle Enterprise Agreement 2024, with modifications to specific provisions as outlined in the decision. The Commission's approval was conditional on the applicant implementing the changes to ensure compliance with the Fair Work Act.

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