Bowport All Roads Transport Pty Ltd T/A Qube Logistics

[2018] FWCA 6271

[2018] FWCA 6271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bowport All Roads Transport Pty Ltd T/A Qube Logistics
(AG2018/2272)

QUBE LOGISTICS TIPPER TRUCK AND TWU - ROAD TRANSPORT ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Qube Logistics Tipper Truck and TWU - Road Transport Enterprise Agreement 2017.

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

[2] Written undertakings have been given in accordance with s. 190. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia (TWU) 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.

[6] The Agreement was originally lodged under s.182(4) of the Act in error. On 8 October 2018 the Applicant filed an amended Form F16 and Form F17 and sought that its application be amended pursuant to s.586 of the Act. The Agreement lodged also contained an error in Part B and an amended version of the Agreement was filed on 8 October 2018 with a separate application pursuant to s.586 of the Act. The TWU consents to each application. I am satisfied that it is appropriate to grant the applications in each case pursuant to s.586 of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2018. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

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Annexure A