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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Newcastle 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.

[2] 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.

[3] Clause 35.5(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 35.5 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.

[4] 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.

[5] 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.

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