Qube Ports Pty Ltd Trading AS Qube Ports Summary

[2025] FWCA 1460

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

(AG2025/1123)

QUBE PORTS PTY LTD PORT OF ESPERANCE ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Esperance 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 34.5(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 34.5 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 9 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

The matter before the Fair Work Commission involved an application by Qube Ports Pty Ltd, trading as Qube Ports, to have their proposed Enterprise Agreement approved. The dispute centred around the terms and conditions of employment for employees at the Port of Esperance, including wages, hours of work, and other employment-related matters. The Commission was tasked with determining whether the proposed agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issue was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act, specifically whether it contained all the minimum terms and conditions as prescribed by the Act, and whether it was appropriately negotiated. The Commission also needed to consider whether the agreement provided fair and reasonable terms for both employees and the employer. Furthermore, the fairness and reasonableness of the proposed agreement in terms of its impact on the employees' working conditions and entitlements were evaluated.

The Fair Work Commission found that the proposed Enterprise Agreement did meet the minimum standards required by the Fair Work Act and was appropriately negotiated. The Commission was satisfied that the agreement provided fair and reasonable terms for both parties. The Commission noted the parties' commitment to ensuring that the agreement reflected the needs and expectations of both employers and employees, while also providing for reasonable working conditions and adequate protections for employees. Consequently, the Commission approved the proposed Enterprise Agreement.

The Commission's final order was to approve the Qube Ports Pty Ltd Port of Esperance Enterprise Agreement 2024, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between Qube Ports and its employees at the Port of Esperance.

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