| [2025] FWCA 2238 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
QUBE Logistics (QLD) Pty Ltd Trading AS QUBE Logistics
(AG2025/1986)
QUBE LOGISTICS (QLD) PTY LTD - BRISBANE REPAIRERS AND INSPECTORS ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| COMMISSIONER SIMPSON | BRISBANE, 8 JULY 2025 |
Application for approval of the Qube Logistics (QLD) Pty Ltd - Brisbane Repairers and Inspectors Enterprise Agreement 2024
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 2024 (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 (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Transport Workers’ Union (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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- AGLC
- QUBE Logistics (QLD) Pty Ltd Trading AS QUBE Logistics [2025] FWCA 2238
- Case
- [2025] FWCA 2238
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission needed to address were whether the agreement was made in accordance with the requirements of the Fair Work Act 2009 and whether it contained all the necessary terms and conditions as required by the Act. The Commission had to determine if the agreement was genuinely negotiated, and if it provided adequate protections and entitlements to the employees covered by the agreement.
In considering these issues, the Commission examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission noted that Qube Logistics had provided evidence of the negotiation process, which included consultations with the employees and their representatives. The Commission also reviewed the terms of the agreement to ensure they were fair and reasonable. After thorough consideration, the Commission found that the agreement met all the statutory requirements and was fair to both the employees and the employer. The Commission approved the enterprise agreement, highlighting its compliance with the legislative standards and its balanced approach to the interests of both parties.
The Fair Work Commission approved the Qube Logistics (QLD) Pty Ltd - Brisbane Repairers and Inspectors Enterprise Agreement 2024, confirming its compliance with the Fair Work Act 2009 and its fairness to all involved parties.
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