Qube Logistics (Rail) Pty Ltd

[2023] FWCA 526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (Rail) Pty Ltd

(AG2023/258)

Qube Logistics Rail Maintenance Enterprise Agreement 2023

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 21 FEBRUARY 2023

Application for approval of the Qube Logistics Rail Maintenance Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Qube Logistics Rail Maintenance Enterprise Agreement 2023 (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 (Rail) Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2023. The nominal expiry date of the Agreement is 21 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application by Qube Logistics (Rail) Pty Ltd for the approval of the Qube Logistics Rail Maintenance Enterprise Agreement 2023 was heard in the Fair Work Commission. The agreement, which was the subject of the application, aimed to establish the terms and conditions of employment for workers engaged in rail maintenance by Qube Logistics. The primary dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for adequate protections for employees, particularly in relation to redundancy and termination provisions. Additionally, the Commission needed to assess whether the agreement met the "better off overall test" as required by the Fair Work Act, ensuring that employees were not worse off financially under the new agreement.

The Commission found that the agreement met the necessary standards for approval. The protections provided for employees, including those for redundancy and termination, were deemed adequate. Furthermore, the Commission was satisfied that the agreement passed the better off overall test, as employees would not be disadvantaged financially. Consequently, the Commission approved the Qube Logistics Rail Maintenance Enterprise Agreement 2023, confirming its compliance with the Fair Work Act.

The Commission's decision concluded that the agreement was fit for purpose and in the best interests of the employees involved. It was noted that the agreement balanced the needs of both the employer and the employees effectively, ensuring fair and reasonable terms of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established