| [2019] FWC 1139 |
| 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.
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.
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.
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.
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.
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- AGLC
- Bowport All Roads Transport Pty Ltd T/A Qube Logistics [2019] FWC 1139
- Case
- [2019] FWC 1139
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around whether the proposed agreement met the criteria set out in section 232 of the Fair Work Act 2009, which requires that an enterprise agreement be in the best interests of the employees. The FWC had to consider whether the agreement was likely to improve the terms and conditions of employment for the employees and whether it provided fair and reasonable terms and conditions for the employees. Additionally, the FWC needed to ensure that the agreement was not detrimental to the employees and that it was appropriately negotiated.
Deputy President Smith examined the evidence and submissions from both the applicant and the unions. The evidence presented demonstrated that the proposed agreement was negotiated in good faith and that it contained terms and conditions that were fair and reasonable for the employees. The Deputy President found that the agreement provided for adequate wage increases, improved conditions, and better job security for the employees. Furthermore, the agreement did not result in any detrimental impacts on the employees. Based on these findings, the Deputy President concluded that the agreement was in the best interests of the employees and approved the proposed enterprise agreement.
In light of the above, the Fair Work Commission approved the Qube Logistics (QLD) Pty Ltd – Brisbane Empty Container Park Enterprise Agreement 2017. The Deputy President's decision emphasised the importance of ensuring that enterprise agreements meet the statutory criteria and are in the best interests of the employees. This decision serves as a useful precedent for future applications for approval of enterprise agreements.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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