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

[2024] FWCA 3804

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

(AG2024/3356)

QUBE LOGISTICS (QLD) PTY LTD TOOWOOMBA FREIGHT TERMINAL CONTAINER DIVISION ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 31 OCTOBER 2024

Application for approval of the Qube Logistics (QLD) Pty Ltd Toowoomba Freight Terminal Container Division Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Qube Logistics (QLD) Pty Ltd Toowoomba Freight Terminal Container Division 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 (QLDT1) Pty Ltd T/A Qube Logistics. 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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl. 4.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Transport Workers' Union of Australia 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 7 November 2024. The nominal expiry date of the Agreement is 7 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

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) Pty Ltd Toowoomba Freight Terminal Container Division Enterprise Agreement 2024. The application was made under section 233 of the Fair Work Act 2009, seeking the Commission's approval of the agreement that had been negotiated between the company and the relevant union. The primary dispute was over whether the agreement met the statutory requirements for approval, particularly in terms of its coverage of employees and its adherence to the provisions of the Act.

The court had to determine whether the enterprise agreement was properly certified and if it met the necessary standards for approval under the Act. This included assessing whether the agreement was made in good faith, if it covered the appropriate employees, and whether it contained the required minimum terms and conditions of employment. The court also needed to consider if the agreement had been subject to a secret ballot and if the requisite majority of employees had voted in favour of it.

In delivering its decision, the Commission considered the evidence presented regarding the certification process and the voting outcome. It found that the agreement had been properly certified by a certified bargaining representative and that the requisite majority of employees had voted in favour of it. The Commission also noted that the agreement covered employees in the specified division and contained the required minimum terms and conditions. After reviewing the details of the agreement and the certification process, the Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements.

The Fair Work Commission approved the Qube Logistics (QLD) Pty Ltd Toowoomba Freight Terminal Container Division Enterprise Agreement 2024, confirming its compliance with the relevant provisions of the Fair Work Act 2009. This decision effectively resolves the application for approval and allows the agreement to take effect, governing the employment conditions of the specified employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established