Qube Ports Pty Ltd Trading AS Qube Ports

[2025] FWCA 1453

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

(AG2025/1119)

QUBE PORTS PTY LTD PORT OF GERALDTON ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Geraldton 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 5.6 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 8 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 for approval of the Qube Ports Pty Ltd Port of Geraldton Enterprise Agreement 2024. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while the respondents contended that it did not adequately protect employee rights and interests.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive fairness requirements set out in the Fair Work Act. The Commission had to assess if the agreement was genuinely negotiated and if it provided a safety net of minimum terms and conditions. It also needed to determine whether the agreement met the "better off overall test," ensuring that employees were not worse off under the new agreement than they would have been under the previous terms.

The Commission found that the agreement was genuinely negotiated and met the procedural fairness requirements. It considered the evidence presented regarding the negotiation process and concluded that the agreement provided a safety net of minimum terms and conditions. Furthermore, the Commission determined that the agreement satisfied the "better off overall test," finding that employees would not be worse off under the new terms. The Commission approved the agreement, acknowledging its balance between the interests of the employer and employees.

In light of the findings, the Commission approved the Qube Ports Pty Ltd Port of Geraldton Enterprise Agreement 2024, effective from the date of approval. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established