DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (QLD) Pty Ltd T/A Qube Logistics
(AG2018/482)

QUBE LOGISTICS (QLD) PTY LTD BRISBANE PORT FREIGHT TERMINAL ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 8 JUNE 2018

Application for approval of the Qube Logistics (QLD) Pty Ltd Brisbane Port Freight Terminal Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (QLD) Pty Ltd Brisbane Port Freight Terminal Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Logistics (QLD) Pty Ltd T/A Qube Logistics. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (QLD) Pty Ltd, trading as Qube Logistics, applied to the Fair Work Commission for approval of the Brisbane Port Freight Terminal Enterprise Agreement 2017. The application was made under section 233 of the Fair Work Act 2009, and the parties involved in the dispute included Qube Logistics and various employee unions. The central issue before the Commission was whether the proposed agreement met the requirements for "agreement" as stipulated in section 230 of the Act.

The Commission examined the nature of the agreement, its coverage, and whether it contained the mandatory terms prescribed by the Act. It was also necessary to determine whether the agreement had been made "in accordance with the Act" and whether it had been properly certified by the Australian Building and Construction Commission. The Commission considered whether the agreement was fair and reasonable, taking into account the interests of employees and employers. It also assessed whether the agreement provided for appropriate mechanisms for dispute resolution.

After careful consideration of the evidence and arguments presented by the parties, the Commission determined that the agreement was fair and reasonable, and met all the statutory requirements for approval. The Commission found that the agreement contained the mandatory terms, had been made in accordance with the Act, and had been properly certified. The Commission approved the Brisbane Port Freight Terminal Enterprise Agreement 2017 under section 234 of the Fair Work Act 2009. The decision was made on the basis that the agreement provided a balanced outcome for both employers and employees, and facilitated efficient and productive industrial relations.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established