Qube Ports Pty Ltd Trading AS Qube Ports

[2025] FWCA 1415

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

(AG2025/1105)

QUBE PORTS PTY LTD PORT OF DAMPIER ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2025

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

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

Qube Ports Pty Ltd Trading as Qube Ports applied to the Fair Work Commission for approval of the Qube Ports Pty Ltd Port of Dampier Enterprise Agreement 2024. The dispute arose because of a disagreement between the employer and the employees' representative, Maritime Union of Australia, over the terms of the proposed agreement. The Commission had to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically sections 228 and 231.

The primary legal issue before the Commission was whether the proposed agreement satisfied the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated. The Commission examined the process of negotiation, the content of the agreement, and whether it contained the minimum terms and conditions prescribed by the Act. Additionally, the Commission had to consider if the agreement provided for procedural fairness and if it met the requirements for good faith bargaining.

The Commission concluded that the agreement did meet the statutory requirements. It found that the negotiation process had been conducted in good faith and that the agreement contained the minimum terms and conditions as prescribed by the Act. The Commission also determined that the agreement provided for fair and reasonable terms and conditions, and it was procedurally fair. Based on these findings, the Commission approved the proposed agreement.

The Commission made an order approving the Qube Ports Pty Ltd Port of Dampier Enterprise Agreement 2024 as a single registered agreement. The approved agreement is now in effect and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established