Qube Ports Pty Ltd Trading AS Qube Ports

[2025] FWCA 1430

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

(AG2025/1107)

QUBE PORTS PTY LTD PORT OF BRISBANE ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Brisbane 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 5.6 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

In the Fair Work Commission, Qube Ports Pty Ltd Trading AS Qube Ports brought an application for the approval of the Qube Ports Pty Ltd Port of Brisbane Enterprise Agreement 2024. The matter involved the terms and conditions of employment for workers employed by Qube Ports at the Port of Brisbane, and the need for these terms to comply with the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the proposed enterprise agreement was bona fide, whether it had been properly negotiated, and if it complied with the provisions of the Fair Work Act. The Commission also had to consider whether the agreement met the "better off overall test" and if it contained terms that were contrary to public policy.

In its decision, the Commission examined the negotiations between Qube Ports and the relevant unions, and the steps taken to ensure that the agreement was properly negotiated. The Commission found that the agreement was bona fide and had been properly negotiated, and that it complied with the provisions of the Fair Work Act. The Commission also found that the agreement met the "better off overall test" and did not contain any terms that were contrary to public policy. The Commission approved the Qube Ports Pty Ltd Port of Brisbane Enterprise Agreement 2024, and it will now be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established