QUBE Logistics Pty Ltd

[2016] FWCA 1720

CORRECTION TO DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement
QUBE Logistics Pty Ltd t/as QUBE Logistics Rail
(AG2016/535)
Rail industry
DEPUTY PRESIDENT SAMS	SYDNEY, 30 MARCH 2016

Application for approval of the QUBE Logistics (Rail) Train Crew and RTBU NSW

Enterprise Agreement 2015.

[1] The decision issued by the Fair Work Commission on 29 March 2016, [2016] FWCA

1720, is corrected by inserting the following after the word ‘superannuation’ in the third

sentence of para [3]:

‘to employees previously covered by the Independent Railways of Australia Enterprise
Agreement 2011 – 2014.’

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, QUBE Logistics Pty Ltd sought approval of a single-enterprise agreement. This agreement was between QUBE Logistics and the Rail, Tram and Bus Union NSW. The dispute involved whether the terms and conditions outlined in the proposed agreement complied with the Fair Work Act 2009. The Deputy President of the Fair Work Commission, Sam, was tasked with deciding the matter.

The primary legal issues revolved around the compliance of the proposed enterprise agreement with the Fair Work Act. Specifically, the court had to determine if the agreement met the requirements for approval, including whether it provided for fair and reasonable terms and conditions, and if it appropriately balanced the interests of both the employer and the employees. Another significant issue was whether the agreement adequately addressed the transition for employees previously covered by a different agreement.

Deputy President Sam reviewed the agreement and considered the submissions from both parties. The court found that the agreement was fair and reasonable, providing adequate terms and conditions for the employees. It was also noted that the agreement appropriately balanced the interests of both parties and provided a fair transition for employees previously covered by another agreement. Consequently, the Deputy President approved the agreement.

The final orders of the court included the approval of the QUBE Logistics (Rail) Train Crew and RTBU NSW Enterprise Agreement 2015, with the specific correction noted in the decision. This decision ensures that the agreement now complies with the requirements of the Fair Work Act and provides a fair framework for the relationship between QUBE Logistics and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established