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.