DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Energy Pty Ltd
(AG2019/1970)

QUBE ENERGY PTY LTD NATIONAL ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 10 JULY 2019

Application for approval of the Qube Energy Pty Ltd National Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Qube Energy Pty Ltd National Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Energy Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2019. The nominal expiry date of the Agreement is 9 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Energy Pty Ltd applied to the Fair Work Commission for approval of the Qube Energy Pty Ltd National Enterprise Agreement 2019. The agreement sought to regulate the terms and conditions of employment for the company's employees. The application was contested by the Transport Workers Union of Australia and the Maritime Union of Australia, who argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained genuine terms and conditions that had been negotiated in good faith and met the requirements for approval under the Act. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been negotiated in a manner consistent with the principles of good faith bargaining. The Commission also considered whether the agreement provided for appropriate protections for employees, including provisions for dispute resolution and the right to be free from adverse action.

The Fair Work Commission found that the agreement contained genuine terms and conditions that had been negotiated in good faith and met the requirements for approval under the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been negotiated in a manner consistent with the principles of good faith bargaining. The Commission also found that the agreement provided for appropriate protections for employees, including provisions for dispute resolution and the right to be free from adverse action. The Commission therefore approved the agreement.

The Fair Work Commission approved the Qube Energy Pty Ltd National Enterprise Agreement 2019, finding that it met the requirements for approval under the Fair Work Act 2009. The Commission found that the agreement contained genuine terms and conditions that had been negotiated in good faith, and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement provided for appropriate protections for employees, including provisions for dispute resolution and the right to be free from adverse action. The agreement is now approved and may be registered with the Fair Work Commission.

Qube Energy Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established