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

[2019] FWCA 5015

[2019] FWCA 5015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Qube Logistics (QLDT1) Pty Ltd T/A Qube Logistics
(AG2019/2060)

QUBE LOGISTICS (QLDT1) PTY LTD QUBE LOGISTICS QUEENSLAND MOSSMAN SUGAR ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER HUNT	BRISBANE, 19 JULY 2019

Application for approval of the Qube Logistics (QLDT1) Pty Ltd Qube Logistics Queensland Mossman Sugar Enterprise Agreement 2018.

[1] Qube Logistics (QLD T1) Pty Ltd T/A Qube Logistics (Qube) has applied for approval of an enterprise agreement known as the Qube Logistics (QLDT1) Pty Ltd Qube Logistics Queensland Mossman Sugar Enterprise Agreement 2018 (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.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with Qube, and as a result, Qube has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the bargaining representatives regarding the undertakings provided by Qube. Only one of the two employee bargaining representatives provided their views regarding the written undertakings and did not raise any opposition to the written undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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Annexure A