Qube Bulk Pty Ltd T/A Qube Bulk
[2025] FWCA 163
•16 JANUARY 2025
| [2025] FWCA 163 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Qube Bulk Pty Ltd T/A Qube Bulk
(AG2024/4878)
QUBE PILBARA BULK HAULAGE ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| COMMISSIONER LIM | PERTH, 16 JANUARY 2025 |
Application for approval of the Qube Pilbara Bulk Haulage Enterprise Agreement 2024
Qube Bulk Pty Ltd trading as Qube Bulk (the Applicant) has made an application for the approval of an enterprise agreement known as the Qube Pilbara Bulk Haulage Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
(a)Casual conversion: Clause 4.2. e) states, “Casual Employees who are engaged on a continuous basis, working regular and systematic hours for a minimum period of six (6) months may be offered casual conversion” and infers that eligible employees are not guaranteed of being offered conversion.
(b)Compassionate leave: Clause 6.4. provides for compassionate leave but is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child.
(c)Withholding monies at termination: Clause 7.3. b) appears to provide that in the case of termination, if employees do not give the required notice, the Employer may withhold from any monies due, an amount not exceeding the amount the employee would have been paid under the Agreement in respect of the period of notice. This clause does not appear to limit the source of monies which may be deducted, including monies owing to the employee under the NES.
However, I am satisfied that under clause 2.5. c) of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Transport Workers’ Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 16 January 2025 and, in accordance with s 54, will operate from 23 January 2025. The nominal expiry date of the Agreement is 1 May 2027.
COMMISSIONER
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ANNEXURE A
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