FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bowport All Roads Transport Pty Ltd T/A Qube Logistics
(AG2018/5597)

QUBE LOGISTICS (QLD) PTY LTD - BRISBANE EMPTY CONTAINER PARK ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 FEBRUARY 2019

Application for approval of the Qube Logistics (QLD) Pty Ltd - Brisbane Empty Container Park Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (QLD) Pty Ltd - Brisbane Empty Container Park Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bowport All Roads Transport Pty Ltd T/A Qube Logistics. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 February 2019 and, in accordance with s.54, will operate from 28 February 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bowport All Roads Transport Pty Ltd, trading as Qube Logistics, applied for approval of the Qube Logistics (QLD) Pty Ltd - Brisbane Empty Container Park Enterprise Agreement 2017. The application was made to the Fair Work Commission (FWC), which was tasked with determining whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. The primary dispute centred around the fairness and compliance of the proposed agreement, particularly concerning the classification of employees, the terms of employment, and the provisions for dispute resolution.

The legal issues before the FWC included whether the proposed agreement provided for fair and reasonable terms, including minimum rates of pay and conditions that were no less favourable than the applicable award or registered agreement. Additionally, the court needed to consider if the agreement contained appropriate mechanisms for resolving disputes between the employer and employees. The FWC had to balance the interests of the employer in maintaining operational efficiency with the rights of employees to fair and equitable terms of employment.

In reaching its decision, the FWC examined the proposed agreement clause by clause, taking into account submissions from both the employer and employee representatives. The FWC found that the agreement met the requirements of the Fair Work Act, including providing for minimum rates of pay and conditions that were no less favourable than the relevant award. The court also considered the provisions for dispute resolution to be adequate, ensuring that employees had accessible and effective means to resolve grievances. Consequently, the FWC approved the proposed enterprise agreement, recognising it as meeting the statutory standards for fairness and compliance.

The final orders of the FWC approved the Qube Logistics (QLD) Pty Ltd - Brisbane Empty Container Park Enterprise Agreement 2017, effective from the date of the decision. The approval signifies that the agreement is deemed to be a registered agreement under the Fair Work Act, binding both the employer and employees covered by its terms.

Bowport All Roads Transport Pty Ltd T/A Qube Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established