DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (QLD) Pty Ltd
(AG2015/3323)

QUBE LOGISTICS (QLD) PTY LTD - REPAIRERS AND INSPECTORS AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 AUGUST 2015

Application for approval of the Qube Logistics (QLD) Pty Ltd - Repairers and Inspectors Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (QLD) Pty Ltd - Repairers and Inspectors Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Qube Logistics (QLD) Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 10 August 2015 an undertaking was provided by Mr D Coulton, the Company’s National IR Manager. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date is 21 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (QLD) Pty Ltd applied to the Fair Work Commission for approval of the Qube Logistics (QLD) Pty Ltd - Repairers and Inspectors Agreement 2014. The dispute involved the terms of the proposed industrial agreement for employees in the repairers and inspectors sector. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around the fairness and compliance of the proposed agreement with the statutory requirements set out in the Act. Specifically, the Commission had to assess whether the agreement provided adequate protections and benefits to employees, whether it was free from coercion, and if it complied with the procedural fairness requirements. The primary focus was on whether the agreement was in the best interests of the employees and whether it would operate without undermining the protection afforded by the Act.

The Commission found that the proposed agreement was generally fair and met the statutory criteria for approval. The agreement provided for reasonable terms and conditions, including provisions for wages, leave, and dispute resolution mechanisms. The Commission was satisfied that the agreement was not the product of any improper conduct or coercion and that it complied with the procedural fairness requirements. The Commission concluded that the agreement was in the best interests of the employees and did not undermine the protections afforded by the Act. Therefore, the application for approval was granted.

The Commission approved the Qube Logistics (QLD) Pty Ltd - Repairers and Inspectors Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by its terms.

Qube Logistics (QLD) 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