Qube Logistics (QLD) Pty Ltd

[2013] FWCA 6864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Qube Logistics (QLD) Pty Ltd
(AG2013/2485)

QUBE LOGISTICS ACACIA RIDGE TRANSPORT AND CONTAINER TERMINAL ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 18 SEPTEMBER 2013

Application for approval of the Qube Logistics Acacia Ridge Transport and Container Terminal Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics Acacia Ridge Transport and Container Terminal Enterprise Agreement 2012 (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 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) I consider it fair to extend the time for making this application to 23 August 2013.

[3] The company has provided a written undertaking in relation to severance pay and shift loadings in the Agreement. The Transport Workers’ Union of Australia (TWU) being the only known bargaining representative has provided written support for the undertaking.

[4] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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

[6] The TWU 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 25 September 2013. The nominal expiry date is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Qube Logistics (QLD) Pty Ltd applied to the Fair Work Commission for approval of the Qube Logistics Acacia Ridge Transport and Container Terminal Enterprise Agreement 2012. The applicant, Qube, is an employer engaged in the transport and logistics industry. The application was opposed by the Transport Workers Union of Australia, which represents some of the employees affected by the agreement. The dispute centred around whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly in relation to provisions concerning wages, working conditions, and dispute resolution mechanisms.

The legal issues before the court included whether the agreement met the requirements of the Fair Work Act, including that it provided for a safety net of minimum wages and conditions, facilitated flexible working arrangements, and contained a dispute resolution procedure. The opposition argued that the agreement did not adequately protect employees' interests in these areas, particularly concerning penalty rates and dispute resolution provisions. The court needed to determine if the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the proposed agreement generally complied with the requirements of the Fair Work Act. The court noted that the agreement provided for minimum wages and conditions that were in line with or better than the applicable awards. The dispute resolution provisions were also deemed to be reasonable, as they included multiple steps for resolving disputes before resorting to industrial action. While the opposition raised concerns about certain aspects, the Commission concluded that the overall balance of the agreement was fair and reasonable. Consequently, the application for approval was successful.

The Fair Work Commission approved the Qube Logistics Acacia Ridge Transport and Container Terminal Enterprise Agreement 2012. The approval was subject to certain conditions, including that any changes to the agreement in the future would also need to comply with the Fair Work Act. The decision was based on the finding that the agreement provided fair and reasonable terms and conditions of employment, as required by law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established