Qube Ports Pty Ltd v Construction, Forestry and Maritime Employees Union
Citation: [2026] FCA 978
At a glance
- Employees affected
- 1
What happened
the Applicant worked for Qube Ports Pty Ltd in Dampier, Western Australia, changing roles from Guaranteed Wage Employee to Variable Salary Employee and then to Provisional Full Time Salaried Employee. The Construction, Forestry and Maritime Employees Union claimed Qube failed to pay overtime correctly under the Qube Ports Pty Ltd Port of Dampier Enterprise Agreement 2020. An industrial magistrate initially ruled in favour of the union, finding the Applicant was entitled to overtime at a 'Supplementary Employees' hourly rate once he reached 1820 hours annually, regardless of his employment category during the year.
What was decided
Qube Ports Pty Ltd appealed the decision of the Western Australian Industrial Magistrates Court. The Full Bench dismissed the appeal. It agreed with the magistrate’s construction of the Enterprise Agreement but clarified that overtime should be paid based on total hours worked over the year, with adjustments to prevent 'double-dipping'. This means previously counted hours cannot be reallocated for overtime calculation.
What it means for employers
Employers need to carefully review their enterprise agreements and ensure consistent application of overtime provisions across different employee categories. Clear communication about how overtime is calculated is essential to avoid disputes. The decision highlights the importance of considering the overall intent of an agreement when interpreting ambiguous clauses, even if it requires adjustments to strict literal interpretations.
What it means for employees
Employees should understand their rights regarding overtime pay as outlined in enterprise agreements and awards. If there's a disagreement about how overtime is calculated, seeking advice from a union or legal professional can be beneficial. This case clarifies that previously counted hours (like annual leave) cannot be reallocated to trigger overtime payments.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0978Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →