DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (QLD) Pty Ltd T/A Qube Logistics
(AG2018/175)

QUBE LOGISTICS (QLD) PTY LTD - BRISBANE REPAIRERS AND INSPECTORS ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 29 MAY 2018

Application for approval of the Qube Logistics (QLD) Pty Ltd - Brisbane Repairers and Inspectors Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (QLD) Pty Ltd - Brisbane Repairers and Inspectors 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 5 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

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 to the Fair Work Commission for approval of the Brisbane Repairers and Inspectors Enterprise Agreement 2017. The respondent, the Transport Workers Union of Australia, opposed the approval of the agreement on several grounds. The matter was heard by the Commission in Brisbane. The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding the protection of employees' rights and interests, and if the process by which the agreement was formed complied with the relevant provisions of the Act. The Commission examined the evidence and submissions to determine if the agreement provided adequate protections for the employees and if it was genuinely agreed upon by the parties involved.

The Commission found that the agreement was consistent with the statutory protections outlined in the Fair Work Act 2009. It determined that the agreement provided adequate protections for the employees, including provisions for minimum wages, penalties for unlawful termination, and mechanisms for dispute resolution. The Commission also found that the process by which the agreement was formed was compliant with the Act, as it was negotiated in good faith and involved sufficient consultation between the parties. Consequently, the Commission approved the Brisbane Repairers and Inspectors Enterprise Agreement 2017.

In light of the findings, the Commission approved the enterprise agreement, effective from 1 July 2017. The approval was subject to the agreement being registered with the Fair Work Commission. The decision underscores the importance of ensuring that enterprise agreements provide adequate protections for employees and that the negotiation process is conducted in good faith.

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