Qube Logistics (QLD) Pty Ltd Summary

[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

CaseChat Overview and Summary

Qube Logistics (QLD) Pty Ltd applied for approval of the Qube Logistics (QLD) Pty Ltd - Empty Container Park Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The applicants were Qube Logistics (QLD) Pty Ltd, and the respondents were two unions, the Transport Workers Union of Australia and the Maritime Union of Australia. The dispute centred around whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009, including if it provided for fair and reasonable terms and conditions for employees.

The primary legal issue was whether the agreement met the criteria for approval as set out in the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions. The court had to consider if the agreement was genuinely negotiated and if it covered all necessary matters as per the Act. Furthermore, the court examined if the agreement contained provisions that met the 'better off overall test', ensuring employees were not disadvantaged compared to their previous conditions.

The Fair Work Commission found that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The commission was satisfied that the agreement met the 'better off overall test', as it provided for a mix of wage increases, improved working conditions, and other benefits that outweighed any potential disadvantages. The commission also noted that the agreement covered all required matters and complied with the statutory requirements for approval. Consequently, the agreement was approved as meeting the necessary criteria under the Fair Work Act.

The final orders of the Fair Work Commission were that the Qube Logistics (QLD) Pty Ltd - Empty Container Park Enterprise Agreement 2014 be approved, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, and the unions were required to inform their members of the approval. This decision provided certainty and legal validity to the terms of the enterprise agreement for the parties involved.

Qube Logistics (QLD) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established