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

[1] An application has been made for approval of an enterprise agreement known as the Qube Ports Pty Ltd Port of Port Kembla 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] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

[4] 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 Standard undertaking forming part of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 May 2025. The nominal expiry date of the Agreement is 30 June 2028.

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