Qube Ports Pty Ltd Trading AS Qube Ports

[2025] FWCA 1409

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

(AG2025/1136)

QUBE PORTS PTY LTD PORT KEMBLA TRANSPORT ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2025

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

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

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 2 May 2029.

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 Kembla Transport Enterprise Agreement 2024. The applicant sought approval for the agreement under section 226 of the Fair Work Act 2009. The applicant submitted that the agreement was a simple, fair and reasonable agreement. The applicant argued that the agreement was also in the interests of the national workplace relations system.

The central legal issue for the Commission was whether the agreement met the requirements of section 227 of the Fair Work Act 2009, particularly whether it contained provisions that were against the public interest or detrimental to employees. The Commission considered the provisions of the agreement, the submissions of the parties, and relevant precedents. The Commission found that the agreement was fair and reasonable, and did not contain any provisions that were against the public interest or detrimental to employees. The Commission was satisfied that the agreement was in the interests of the national workplace relations system.

Accordingly, the Commission approved the agreement under section 226 of the Fair Work Act 2009. The applicant's application was therefore successful. The agreement was approved as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established