Qube Ports Pty Ltd Trading AS Qube Ports

[2025] FWCA 1463

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

(AG2025/1126)

QUBE PORTS PTY LTD PORT OF WHYALLA ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2025

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

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

In the Fair Work Commission, Qube Ports Pty Ltd, trading as Qube Ports, sought approval of an enterprise agreement for the Port of Whyalla. The agreement was intended to govern the terms and conditions of employment for the workers at the port. The dispute centred on whether the agreement met the legal standards required for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement provided for fair and effective workplace relations, including minimum rates of pay, conditions, and dispute resolution processes.

The primary legal issues before the Commission were whether the agreement provided for the minimum entitlements required under the Fair Work Act and if it adhered to the procedural requirements for approval. Specifically, the Commission had to consider whether the agreement provided for minimum wages, classification, penalty rates, and leave entitlements, as well as whether the agreement had been fairly and properly negotiated and whether the required process for approval had been followed. Furthermore, the Commission had to ensure that the agreement did not discriminate against any group of employees and that it did not undermine the protection of employees' rights.

The Commission found that the agreement provided for the minimum entitlements required by law, including appropriate rates of pay, classification, and leave provisions. The Commission also determined that the agreement had been fairly negotiated and that the required processes for approval had been followed. Importantly, the Commission concluded that the agreement did not contain any provisions that would undermine the protection of employees' rights or result in discrimination. Given these findings, the Commission approved the Qube Ports Pty Ltd Port of Whyalla Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established