Case

Qube Ports Pty Ltd v CFMEU (2024)

The Fair Work Act 2009 (Cth) (FW Act) empowers the Fair Work Commission (FWC) to vary an enterprise agreement to remove an ambiguity or uncertainty on the application of an employee, employer or employee organisation “covered by the agreement”.

In this case, the Court had to determine whether an employer seeking such a variation must be covered by the agreement at the time of the application for variation, or whether previous coverage was sufficient for it to be able to apply.

The employer made such an application to vary several enterprise agreements that had ceased to operate. When the applications were made, the employer was no longer covered by the agreements.