Maritime Container Services Pty Ltd t/as Qube Logistics

[2025] FWCA 2910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maritime Container Services Pty Ltd t/as Qube Logistics

(AG2025/2847)

QUBE COOKS RIVER CONTAINER REPAIR ENTERPRISE AGREEMENT 2025

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 29 AUGUST 2025

Application for approval of the Qube Cooks River Container Repair Enterprise Agreement 2025

Maritime Container Services Pty Ltd t/as Qube Logistics has applied for approval of a single enterprise agreement known as the Qube Cooks River Container Repair Enterprise Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 5 September 2025. The nominal expiry date of the Agreement is 20 July 2028.

The Agreement covers the Australian Manufacturing Workers’ Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Maritime Container Services Pty Ltd, trading as Qube Logistics, applied for approval of a new enterprise agreement. The proposed agreement, titled Qube Cooks River Container Repair Enterprise Agreement 2025, was submitted to the Fair Work Commission for endorsement. The application was brought before the Commission to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The legal issues at the core of this case centred on whether the agreement adhered to the legislative provisions for enterprise agreements, including whether it was made in good faith, whether it was free from coercion and undue influence, and whether it contained the necessary minimum entitlements and protections for employees.

The Commission meticulously reviewed the proposed agreement against the legislative criteria. The court examined the evidence presented to ascertain the process by which the agreement was negotiated and whether it was made in good faith. Additionally, the Commission assessed whether the agreement provided appropriate minimum terms and conditions, ensuring that employees were not disadvantaged. It was also crucial to confirm that the agreement was not induced by any form of coercion or undue influence. After a thorough examination, the Commission concluded that the proposed agreement met all the necessary requirements under the Fair Work Act. It found that the agreement was made in good faith, provided adequate minimum entitlements, and was free from any form of coercion or undue influence.

In light of its findings, the Commission approved the Qube Cooks River Container Repair Enterprise Agreement 2025. The approval signifies that the agreement is legally binding on all parties involved, effective from the date of the Commission's decision. This outcome ensures that the terms of the agreement will govern the employment conditions of the workers at Qube Logistics, as per the provisions set forth in the Fair Work Act. The Commission's approval not only validates the agreement but also underscores its compliance with the legislative framework designed to protect the rights and interests of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established