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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (QLDT1) Pty Ltd, trading as Qube Logistics, applied for the approval of the Qube Logistics Queensland Mossman Sugar Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment of employees covered by the enterprise agreement and whether the agreement met the statutory requirements for approval.

The legal issues before the court were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining, the provision of procedural fairness, and the meeting of minimum entitlements as set out by the Act. The court also had to consider whether the agreement included any terms that could be deemed to be contrary to public policy or otherwise unlawful.

In delivering its decision, the Fair Work Commission examined the process of bargaining and the documentation provided by Qube Logistics. The Commission found that the enterprise agreement was the result of genuine attempts at good faith bargaining and that the procedural fairness had been upheld. The court noted that the agreement met all the statutory minimum entitlements and did not contain any terms that were contrary to public policy or otherwise unlawful. Consequently, the Commission approved the Qube Logistics Queensland Mossman Sugar Enterprise Agreement 2018.

The Fair Work Commission's final order was that the Qube Logistics Queensland Mossman Sugar Enterprise Agreement 2018 be approved, effective from the date of the decision. The approval signified that the agreement could be registered and would govern the employment terms and conditions of the employees covered by the agreement.

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

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established