QUBE Logistics (QLD) Pty Ltd T/A QUBE Logistics

[2023] FWCA 2243

[2023] FWCA 2243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

QUBE Logistics (QLD) Pty Ltd T/A QUBE Logistics

(AG2023/2135)

QUBE LOGISTICS (QLD) PLY LTD - BRISBANE EMPTY CONTAINER PARK ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 JULY 2023

Application for approval of the Qube Logistics (QLD) Pty Ltd - Brisbane Empty Container Park Enterprise Agreement 2020

1. An application has been made for approval of an enterprise agreement to be known as the Qube Logistics (QLD) Pty Ltd - Brisbane Empty Container Park Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by QUBE Logistics (QLD) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

1. There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer provided on 17 July 2023, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]

1. The Agreement was lodged with the Commission on 27 June 2023. Section 185(3)(a) of the Act provides that an enterprise agreement must be lodged with the Commission for approval within 14 days of it being made (i.e. approved by relevant employees), or within such time as the Commission allows if it considers it fair to extend the time period for lodgement. Given the Agreement was made on 12 June 2023, it ought to have been lodged by 26 June 2023. The Employer has made submissions that detail the circumstances as to why the Agreement was lodged outside of the 14 day period. In the circumstances of this Application, and having regard to the circumstances outlined by the Employer, I do consider it fair to extend the period in which this Application (for approval of an enterprise agreement) was lodged with the Commission by one day to 27 June 2023.

Undertakings

1. The Employer has provided written undertakings dated 17 July 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2023. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Annexure A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(2) of the Fair Work Act 2009, and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

[3] Ibid.

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