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

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

Section 217(1)(a) of the Fair Work Act 2009 (Cth) requires that an applicant employer be covered by the enterprise agreement at the time the application to vary it is made. Once an enterprise agreement has ceased to operate, no employer is covered by it, and s 217 cannot be invoked. The Commission did not err in its construction of s 217(1)(a).

Parties
Applicant: Qube Ports Pty Ltd; First Respondent: Construction, Forestry and Maritime Employees Union; Second Respondent: Fair Work Commission
Jurisdiction
Australia
Judgment Date
17 October 2024
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Statutory Construction, Standing Under Fair Work Act, Variation of Enterprise Agreements, Ambiguity or Uncertainty in Enterprise Agreements
Industrial Law Judicial Review Statutory Construction Standing Under Fair Work Act Variation of Enterprise Agreements Ambiguity or Uncertainty in Enterprise Agreements

Case Brief

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Parties

Qube Ports Pty Ltd

Applicant

Construction, Forestry and Maritime Employees Union

First Respondent

Fair Work Commission

Second Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether s 217(1)(a) of the Fair Work Act 2009 (Cth) requires an employer to be covered by an enterprise agreement at the time of an application to vary it
  2. 2 Whether the Fair Work Commission erred in its construction of s 217(1)(a) and thereby committed jurisdictional error

Ratio Decidendi

Section 217(1)(a) of the Fair Work Act 2009 (Cth) requires that an applicant employer be covered by the enterprise agreement at the time the application to vary it is made. Once an enterprise agreement has ceased to operate, no employer is covered by it, and s 217 cannot be invoked. The Commission did not err in its construction of s 217(1)(a).

Court Disposition

Application dismissed

Orders

  • The application is dismissed.