Qube Ports Pty Ltd Trading AS Qube Ports

[2025] FWCA 1461

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

(AG2025/1124)

QUBE PORTS PTY LTD PORT OF PORTLAND ENTERPRISE AGREEMENT

2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Portland 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 5.4 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 applicant, Qube Ports Pty Ltd trading as Qube Ports, sought approval of the Qube Ports Pty Ltd Port of Portland Enterprise Agreement 2024 from the Fair Work Commission. The agreement was in dispute between Qube Ports and the Maritime Union of Australia, with the latter objecting to the approval on the basis that it failed to provide adequate terms for employees. The Commission was tasked with determining whether the agreement was in the interests of the employees and met the criteria set forth in the Fair Work Act 2009.

The central legal issues revolved around whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act. Specifically, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions, and if it included adequate mechanisms for resolving workplace disputes. Additionally, the Commission needed to determine whether the agreement was made in good faith and whether it met the genuine agreement test, which required the agreement to be the product of free and voluntary bargaining.

The Fair Work Commission considered the arguments presented by both parties and examined the terms of the proposed agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it included adequate mechanisms for resolving workplace disputes. The Commission also concluded that the agreement was made in good faith and met the genuine agreement test. Based on these findings, the Commission approved the Qube Ports Pty Ltd Port of Portland Enterprise Agreement 2024.

The Fair Work Commission's decision was that the Qube Ports Pty Ltd Port of Portland Enterprise Agreement 2024 should be approved, as it provided for fair and reasonable terms and conditions, included adequate mechanisms for resolving workplace disputes, and met the statutory requirements under the Fair Work Act. This decision was based on the evidence and arguments presented by both parties, and the Commission's assessment of the agreement's compliance with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established