Qube Ports Pty Ltd Trading AS Qube Ports

[2025] FWCA 1458

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

(AG2025/1121)

QUBE PORTS PTY LTD PORT OF PORT HEDLAND ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Port Hedland 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 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 case involved Qube Ports Pty Ltd, trading as Qube Ports, which applied for the approval of the Port of Port Hedland Enterprise Agreement 2024. The dispute was heard by the Fair Work Commission, an Australian federal statutory authority responsible for regulating workplace relations and resolving workplace disputes. The application for approval was made under the Fair Work Act 2009, which provides a framework for creating and enforcing enterprise agreements in Australia. The Commission was tasked with determining whether the proposed agreement met the legal requirements for approval, including its compliance with the provisions of the Act.

The primary legal issues before the Commission were whether the proposed enterprise agreement was a genuine agreement reached between the employer and the employees, and if it complied with the procedural and substantive requirements set out in the Fair Work Act. This included verifying that the agreement had been made freely, without any improper conduct, and that it did not contain any terms that would be contrary to public policy or be otherwise unenforceable. The Commission also needed to consider whether the agreement provided appropriate protections for employees, including minimum wage rates and conditions of employment.

The Fair Work Commission concluded that the proposed enterprise agreement was a genuine agreement that had been reached through proper bargaining processes. The Commission found that the agreement contained terms that were fair and reasonable, and that it did not contravene any provisions of the Fair Work Act. The Commission approved the agreement, noting that it provided appropriate protections for employees and ensured that they would be treated fairly in their employment. The decision was based on a comprehensive review of the agreement, including the evidence provided by both parties and the relevant legal principles.

As a result of the Commission's decision, the Port of Port Hedland Enterprise Agreement 2024 was approved and is now legally binding on Qube Ports and its employees. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, including their wages, hours of work, leave entitlements, and other employment-related matters. The approval of the agreement ensures that the employees will receive fair and reasonable treatment in their employment, and that their rights and obligations are protected under the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established