Qube Ports Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCAFC 132

Federal Court of Australia Qube Ports Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCAFC 132 Review of: Qube Ports Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCFB 102

File number:

Judgment of: RANGIAH, WHEELAHAN AND SNADEN JJ

Date of judgment: 17 October 2024

Catchwords: INDUSTRIAL LAW — application for judicial review of a decision of a Full Bench of the Fair Work Commission – whether the Commission erred in its construction of s 217 of the Fair Work Act 2009 (Cth) – where s 217(1)(a) authorises the Commission to vary an enterprise agreement to remove an ambiguity or uncertainty on application by various entities, including "one or more of the employers covered by the agreement" – where Qube Ports had sought to invoke the Commission's authority to vary certain enterprise agreements under s 217 – where the relevant enterprise agreements had ceased to operate – where s 53(5) provides that an enterprise agreement that has ceased to operate does not cover an employer – where the Commission held that Qube Ports did not have standing to make an application under s 217(1)(a) – the question of coverage is tied to a particular time – held: the Commission did not err in its construction of s 217(1)(a) – application dismissed.

Acts Interpretation Act 1901 (Cth) s 15AA Commonwealth Conciliation and Arbitration Act 1904 (Cth) s 28(3), 38(o) Fair Work Act 2009 (Cth) ss 3, 13–14, 30C, 30M, 50, 51, 52, 52(1), 53(1), 40A, 43(1), 53, 53(5), 54, 54(1), 54(2), 54(2)(b), 54(3), 58, 58(1)–(2), 160, 170, 171, 182, 183(2), 185(1A), 186(2), 186(3), 217, 217(1), 217(1)(a), 217(1)(b), 217(2), 218A, 219–23, 225, 226, 226(3)(b), 417, 538, 539, 539(2), 540(1), 544, 570, 577–8, 603 Legislation: Industrial Relations Act 1988 (Cth) ss 113(2), 116(1)(d), 127A(1), 134L(1)(d)–(e), 170M, 170MK(1)(e), 170MK(1)(g), Industrial Relations Legislation Amendment Act 1992 (Cth) Industrial Relations Reform Act 1993 (Cth) Workplace Relations Act 1996 (Cth) ss 170LX, 170M(1)(b), 170MD(6)(a), 178(5), 178(5)(ca)(i), 178(5A)