Qube Ports Pty Ltd Trading AS Qube Ports

[2025] FWCA 1448

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

(AG2025/1116)

QUBE PORTS PTY LTD PORT OF TASMANIA ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Tasmania 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 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, has applied to the Fair Work Commission for the approval of the Qube Ports Pty Ltd Port of Tasmania Enterprise Agreement 2024. The application arises from negotiations between Qube Ports and the Maritime Officers’ Association of Australia, aiming to establish the terms and conditions of employment for maritime officers at the Port of Tasmania. The Fair Work Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, complied with the relevant provisions of the Fair Work Act, and adhered to the procedural fairness requirements. The Commission had to ensure that the agreement was not contrary to public policy, did not undermine the right of employees to take protected industrial action, and did not discriminate against any group of employees. Furthermore, the Commission examined whether the agreement was genuinely negotiated and not imposed.

In its decision, the Fair Work Commission considered the submissions from both parties and the provisions of the Fair Work Act. The Commission found that the agreement was fairly negotiated and provided for fair and reasonable terms and conditions. It determined that the agreement met all the necessary legal requirements and did not contravene any provisions of the Act. The Commission also noted that the agreement was not contrary to public policy and did not undermine the right of employees to take protected industrial action. Consequently, the Commission approved the Qube Ports Pty Ltd Port of Tasmania Enterprise Agreement 2024.

The Fair Work Commission ordered the approval of the Qube Ports Pty Ltd Port of Tasmania Enterprise Agreement 2024, effective from the date of the decision. This approval signifies that the agreement can be registered and enforced as a registered agreement under the Fair Work Act. The decision ensures that the terms and conditions of employment for maritime officers at the Port of Tasmania are legally recognised and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established