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

[2017] FWCA 6397

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/3728)

Qube Logistics (QLD) Pty Ltd (CargoLink) Enterprise Agreement 2017

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 DECEMBER 2017

Application for approval of the Qube Logistics (QLD) Pty Ltd (CargoLink) Enterprise Agreement 2017.

Qube Logistics (QLD) Pty Ltd T/A Qube Logistics applies for approval of an enterprise agreement known as the Qube Logistics (QLD) Pty Ltd (CargoLink) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

On 1 December 2017 undertakings were provided by the Employer. The views of the bargaining representatives have been sought in relation to the undertakings. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved in accordance with s.54 of the Act and will operate from 12 December 2017. The nominal expiry date of the Agreement is 4 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Logistics (QLD) Pty Ltd, trading as Qube Logistics, sought approval for the Enterprise Agreement 2017. This agreement, which was negotiated with various employee groups, was subject to review and potential approval by the Fair Work Commission (FWC). The dispute centred on whether the agreement complied with the necessary legislative requirements for approval. The FWC, specifically a panel composed of a delegate of the President, was the tribunal tasked with this decision.

The primary legal issues before the FWC involved determining if the Enterprise Agreement 2017 met the criteria for approval under the Fair Work Act 2009. These criteria included whether the agreement contained the necessary terms, and if it was made in good faith and without coercion. Another significant aspect was the assessment of the agreement's compliance with the Fair Work (Registered Organisations) Act 2009, which mandates that certain conditions must be met before an enterprise agreement can be approved. The FWC needed to consider whether the agreement's terms were fair and reasonable, and if the process through which the agreement was made was procedurally sound.

After thorough examination, the FWC found that the Enterprise Agreement 2017 met the statutory requirements for approval. The panel concluded that the agreement was made in good faith and without coercion, and that it contained the necessary terms as stipulated by the Act. Additionally, the FWC was satisfied that the process by which the agreement was negotiated was fair and transparent, and that it complied with all procedural prerequisites. The FWC approved the agreement, recognising its compliance with legislative standards and its fairness to the parties involved.

The FWC's final orders included the approval of the Enterprise Agreement 2017, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between Qube Logistics (QLD) Pty Ltd and its employees, subject to the provisions of the Fair Work Act 2009 and other relevant legislation. The decision concluded that the agreement was fair, reasonable, and in compliance with the necessary legal requirements.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established