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

CaseChat Overview and Summary

Bowport All Roads Transport Pty Ltd, trading as Qube Logistics, applied to the Fair Work Commission for approval of the Qube Logistics Tipper Truck and TWU - Road Transport Enterprise Agreement 2017. The Transport Workers Union (TWU) contested the application on the basis that certain provisions of the agreement were not in compliance with statutory requirements, including those under the Fair Work Act 2009. The dispute centred on whether specific clauses in the agreement were procedurally or substantively unfair, and if they met the criteria for approval under the relevant industrial relations laws.

The central legal issues before the court were whether the contested clauses met the statutory standards for procedural fairness and substantive fairness under the Fair Work Act, and whether they adhered to the principles of good faith bargaining. The court was required to determine if the agreement, as a whole, was fair and reasonable in all its parts, and if the process leading to the agreement's formation was appropriate and transparent. Additionally, the court had to consider whether the provisions were consistent with the broader objectives of the Act, including the protection of employees' rights and interests.

In examining the provisions, the court found that while some clauses raised concerns, the overall agreement was fair and reasonable. The court held that the procedural fairness in the bargaining process was upheld, as there was evidence of genuine attempts at negotiation. The substantive fairness of the clauses was also deemed acceptable, as the terms were not considered to be detrimental to the employees' interests, particularly in light of the commercial realities faced by the employer. The court concluded that the agreement, despite some imperfections, did not contravene the statutory requirements and was in the best interests of the parties involved. Consequently, the application for approval was successful.

The final orders of the court were that the Qube Logistics Tipper Truck and TWU - Road Transport Enterprise Agreement 2017 be approved, subject to the specific terms and conditions outlined in the agreement. The court's decision was based on a balanced consideration of procedural and substantive fairness, ultimately finding the agreement to be fair and reasonable in all its parts.

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