Qube Energy Pty Ltd T/A Qube Energy Summary

[2023] FWCA 2453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Energy Pty Ltd T/A Qube Energy

(AG2023/2488)

QUBE ENERGY PTY LTD NORTH WEST OPERATIONS ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 7 AUGUST 2023

Application for approval of the Qube Energy Pty Ltd North West Operations Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Qube Energy Pty Ltd North West Operations Enterprise Agreement 2023 (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 T/A Qube Energy (the Applicant). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 24 May 2023 and the Agreement was made on 21 July 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 7 August 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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CaseChat Overview and Summary

In the Fair Work Commission, Qube Energy Pty Ltd, trading as Qube Energy, applied for approval of the Qube Energy Pty Ltd North West Operations Enterprise Agreement 2023. The dispute centered on whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement satisfied the procedural requirements for bargaining and whether it met the substantive criteria such as provisions for minimum wages, allowances, and conditions of employment.

The primary legal issues involved assessing the validity of the bargaining process and the fairness of the agreement's terms. The Commission examined whether the agreement was made in good faith, whether it was genuinely negotiated, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission considered whether the agreement complied with the Fair Work Act’s requirement that it does not adversely affect employees' wages and conditions.

The Commission found that the agreement was the product of genuine and good faith bargaining. It determined that the negotiation process adhered to legal standards and that the terms and conditions of employment in the agreement were fair and reasonable. The Commission approved the agreement, finding it met all necessary criteria for approval under the Fair Work Act. The Commission's decision concluded that the agreement was beneficial to the employees and did not adversely affect their wages and conditions.

The final order of the Commission was that the Qube Energy Pty Ltd North West Operations Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009. This decision ensures that the agreement will provide a framework for the terms and conditions of employment for the employees covered by the agreement, promoting fair and effective workplace relations.

Qube Energy Pty Ltd T/A Qube Energy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established