Qube Logistics (Qld) Pty Ltd Summary

[2022] FWCA 1805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (Qld) Pty Ltd

(AG2022/1541)

Qube Logistics (Cargo link) Brisbane Enterprise Agreement 2020

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 1 JUNE 2022

Application for approval of the Qube Logistics (Cargo link) Brisbane Enterprise Agreement 2020.

An application has been made for approval of an enterprise agreement known as the Qube Logistics (Cargo link) Brisbane Enterprise Agreement 2020 (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 (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.
The Construction, Forestry, Maritime, Mining and Energy Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2022. The nominal expiry date of the Agreement is 4 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (Qld) Pty Ltd sought approval for the Qube Logistics (Cargo Link) Brisbane Enterprise Agreement 2020. The application was heard by the Fair Work Commission. The dispute centred on whether the enterprise agreement provided fair and reasonable terms and conditions for employees of Qube Logistics.

The primary legal issues before the Commission were whether the proposed agreement was genuinely a product of agreement between the parties and if it met the 'better off overall test'. This test required the Commission to consider whether the agreement would provide employees with terms and conditions that were at least as good as those under the relevant awards, while also considering the benefits to employers and the broader economic environment.

The Commission examined the bargaining process, the terms of the agreement, and its impact on employees. It considered submissions from both parties and evidence provided. The Commission concluded that the agreement was genuinely negotiated and met the better off overall test, providing fair and reasonable terms for the employees. The agreement was approved, recognising the need for flexibility in the logistics industry and the specific circumstances of the employees involved.

The Commission's decision was that the Qube Logistics (Cargo Link) Brisbane Enterprise Agreement 2020 should be approved. The approval was subject to certain conditions, including the establishment of a dispute resolution process and the maintenance of minimum working conditions as outlined in the agreement.

Qube Logistics (Qld) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established