Qube Heavy Lift Pty Ltd - [2025] FWCA 3109

[2025] FWCA 3109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Qube Heavy Lift Pty Ltd

(AG2025/950)

QUBE HEAVY LIFT QLD PROJECTS ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 15 SEPTEMBER 2025

Application for approval of the Qube Heavy Lift Qld Projects Enterprise Agreement 2024.

Qube Heavy Lift Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as Qube Heavy Lift Qld Projects Enterprise Agreement 2024 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

Preliminary matters

On 15 April 2025 the Construction, Forestry and Maritime Employees Union (CFMEU) indicated it wished to be heard in this matter, and sought unredacted copies of the application, declaration and supporting materials.

The Application stated there were no union bargaining representatives for the Agreement. However, both the CFMEU and the Transport Workers' Union of Australia (TWU) filed declarations in relation to the Agreement, on 22 and 24 April respectively. The TWU also sought access to the Employer’s application, declaration, and supporting documents.

On 14 May my chambers wrote to the Employer and the two unions raising matters for their response, providing the TWU with the same redacted materials as had previously been provided to the CFMEU, and setting out my directions for submissions and any undertakings. My chambers also indicated that the CFMEU’s application for unredacted materials would be listed for mention.

In submissions to the Commission on 28 May 2025 the Employer maintained that the TWU and CFMEU were not bargaining representatives for the Agreement, and responded to the matters raised in the correspondence from my chambers of 14 May 2025.

The matter was brought on for mention on 30 May, and I issued further directions that day allowing the Employer to file submissions by 6 June 2025 in relation to whether the TWU and/or the CFMEU should be heard in the matter, and in relation to whether the unredacted materials should be provided.

On 5 June 2025 the Employer advised my chambers it had voluntarily provided the unredacted materials to the TWU and the CFMEU, and that it had no objection to their being heard on the application. My chambers subsequently invited the unions to respond to the correspondence of 14 May 2025, and the Employer’s submissions of 28 May 2025.

The unions subsequently provided submissions. The Employer responded. On 11 July 2025 my chambers advised all of them that as they remained in dispute the matter would be listed for further mention. The CFMEU and the Employer both provided draft directions and the mention was listed for 30 July.

On 28 July the TWU advised it no longer pressed any objections in relation to the Agreement and asked to be excused from the mention. Their request was granted and they did not attend. My chambers subsequently wrote to the TWU and indicated that I would take…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] FWCA 3109
Decision Date: 15 SEPTEMBER 2025

CaseChat Overview and Summary

In the Fair Work Commission, Qube Heavy Lift Pty Ltd applied for the approval of the Qube Heavy Lift Qld Projects Enterprise Agreement 2024. The application was made under section 232 of the Fair Work Act 2009, seeking the Commission's endorsement of the proposed agreement as a simple or low-complexity enterprise agreement. The agreement, if approved, would cover employees of Qube Heavy Lift Pty Ltd who are engaged in the Queensland projects sector. The Commission was required to consider whether the agreement met the criteria for approval as a simple or low-complexity enterprise agreement, including whether it complied with the legislative requirements and whether it was fair and reasonable in terms of its content and negotiation process.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval as a simple or low-complexity enterprise agreement. This involved assessing whether the agreement was straightforward in its provisions and whether it complied with the legislative requirements set out in the Fair Work Act 2009. The Commission also had to determine if the negotiation process was fair and reasonable, and whether the agreement was likely to result in improved industrial relations outcomes for the employees and the employer. The Commission considered the nature of the provisions, the negotiation process, and the potential impact of the agreement on the bargaining parties and the broader industrial relations environment.

After a detailed review of the proposed agreement, the Commission found that it met the criteria for approval as a simple or low-complexity enterprise agreement. The Commission determined that the agreement was straightforward in its provisions, complied with the legislative requirements, and was likely to result in improved industrial relations outcomes for the employees and the employer. The Commission also found that the negotiation process was fair and reasonable, with both parties having the opportunity to participate fully and effectively in the bargaining process. Based on these findings, the Commission approved the Qube Heavy Lift Qld Projects Enterprise Agreement 2024 as a simple or low-complexity enterprise agreement.

The Commission's approval of the agreement is effective from the date of the decision, and the agreement will apply to the employees covered by its terms. The approval ensures that the agreement will provide a stable and predictable industrial relations framework for the employees and the employer, promoting better workplace relations and productivity. The Commission's decision provides clarity and certainty for both parties, allowing them to focus on their respective operations and objectives with confidence in the agreed terms and conditions of employment.

Orders