Qube Ports Pty Ltd Trading AS Qube Ports

[2025] FWCA 1462

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

(AG2025/1125)

QUBE PORTS PTY LTD SYDNEY HARBOUR ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2025

Application for approval of the Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2024

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

Qube Ports Pty Ltd, trading as Qube Ports, applied to the Fair Work Commission for approval of the Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2024. The application arose in the context of a dispute between the employer and employees regarding the terms and conditions of their employment. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms, including provisions for minimum rates of pay, penalties for exceeding ordinary hours of work, and adequate notice of termination. Additionally, the Commission had to ensure that the agreement did not adversely affect the operation of the Safety, Rehabilitation and Compensation Act 1988. It was also necessary to assess whether the agreement had been made in good faith and whether the requisite majority of employees had agreed to the terms.

The Commission examined the submissions from both Qube Ports and the union representing the employees. It considered the evidence provided regarding the negotiation process, the terms of the agreement, and the impact of the agreement on the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and did not adversely affect the operation of the Safety, Rehabilitation and Compensation Act 1988. The Commission was also satisfied that the agreement had been made in good faith and that a requisite majority of employees had agreed to the terms.

Accordingly, the Commission approved the Qube Ports Pty Ltd Sydney Harbour Enterprise Agreement 2024. The approval means that the agreement is now a legally binding contract between Qube Ports and its employees, setting out the terms and conditions of their employment. The agreement will remain in effect until the next scheduled expiry date or until it is superseded by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established