Qube Logistics (QLD) Pty Ltd

[2014] FWCA 4245

[2014] FWCA 4245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (QLD) Pty Ltd
(AG2014/1124)

QUBE LOGISTICS (QLD) PTY LTD - EMPTY CONTAINER PARK ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 26 JUNE 2014

Application for approval of the Qube Logistics (QLD) Pty Ltd - Empty Container Park Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (QLD) Pty Ltd - Empty Container Park Enterprise 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 17 June 2014 undertakings were provided by Mr D Coulton, the Company’s National IR Manager, in relation to definition of shiftworker, clause 6 (Definition), clause 13 (New Roster Arrangement) and clause 20 (Settlement of Disputes Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[4] The Agreement contains a consultation term at clause 23.1. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[5] In accordance with clause 23.2, the model flexibility term is taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[7] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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Annexure A