Qube Logistics (QLDT1) Pty Ltd T/A Qube Logistics

[2022] FWCA 3507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (QLDT1) Pty Ltd T/A Qube Logistics

(AG2022/3386)

Qube Logistics (QLD) Toowoomba Freight Terminal Container Division Enterprise Agreement 2021

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 10 OCTOBER 2022

Application for approval of the Qube Logistics (QLD) Toowoomba Freight Terminal Container Division Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Qube Logistics (QLD) Toowoomba Freight Terminal Container Division Enterprise Agreement 2021 (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 (QldT1) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Transport Workers’ Union of Australia (TWU), 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 TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 17 October 2025.

COMMISSIONER

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CaseChat Overview and Summary

Qube Logistics (QLDT1) Pty Ltd, trading as Qube Logistics, applied to the Fair Work Commission for approval of the Qube Logistics (QLD) Toowoomba Freight Terminal Container Division Enterprise Agreement 2021. The application was made to ensure the enterprise agreement was in compliance with the requirements of the Fair Work Act 2009. The application process involved scrutiny of the agreement's provisions, particularly in relation to the requirements for "genuine agreement" and "no disadvantage" as outlined in the Act. The application was opposed by the Transport Workers Union of Australia, which argued that the agreement did not adequately address certain issues concerning pay and conditions.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement met the statutory criteria for approval, specifically the genuine agreement and no disadvantage test. The Commission needed to assess whether the agreement was genuinely negotiated, in writing, and contained terms and conditions of employment. Additionally, the Commission had to determine whether the agreement would cause no financial disadvantage to the employees relative to their previous terms and conditions.

The Fair Work Commission concluded that the agreement met the statutory criteria for approval. The Commission found that the agreement was genuinely negotiated, in writing, and contained terms and conditions of employment. The Commission also found that the agreement did not cause any financial disadvantage to the employees. The Commission noted that the agreement contained provisions that were better than the relevant award and that the parties had made a genuine attempt to reach a consensus on the terms of the agreement. The Commission further found that the agreement included adequate provisions for the protection of employees' rights and interests, including provisions for consultation and dispute resolution.

The Fair Work Commission approved the Qube Logistics (QLD) Toowoomba Freight Terminal Container Division Enterprise Agreement 2021. The Commission's decision was based on its finding that the agreement met the statutory criteria for approval and that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission's approval of the agreement ensures that the employees will benefit from the improved terms and conditions of employment provided for in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established