DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (Qld) Pty Ltd T/A Qube Logistics
(AG2018/299)

QUBE LOGISTICS (QLD) TOOWOOMBA FREIGHT TERMINAL CONTAINER DIVISION ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 6 JUNE 2018

Application for approval of the Qube Logistics (Qld) Toowoomba Freight Terminal Container Division Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (Qld) Toowoomba Freight Terminal Container Division Enterprise Agreement 2015 (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 Agreement lodged contained an error at clause 5.3. On 23 May 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 12 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (Qld) Pty Ltd, trading as Qube Logistics, applied for approval of the Qube Logistics (Qld) Toowoomba Freight Terminal Container Division Enterprise Agreement 2015. The application was heard in the Fair Work Commission, with the primary focus on whether the agreement met the legal requirements under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement provided for a fair and efficient workplace, was free from coercion, and satisfied the minimum terms and conditions set out in the Fair Work Act. The Commission also considered whether the agreement allowed for the fair resolution of workplace disputes and if it complied with the procedural fairness requirements in the Act.

The Commission found that the agreement was generally in line with the statutory requirements, noting that it provided for fair and efficient workplace practices and included mechanisms for resolving disputes. The Commission determined that the agreement did not contain any provisions that would lead to an unfair workplace or undermine the rights of employees. It was also concluded that the agreement allowed for the fair resolution of workplace disputes and adhered to the procedural fairness standards. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Qube Logistics (Qld) Toowoomba Freight Terminal Container Division Enterprise Agreement 2015, finding it met the legal requirements under the Fair Work Act 2009.

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