Qube Logistics (Rail) Pty Ltd

[2023] FWCA 426

[2023] FWCA 426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (Rail) Pty Ltd

(AG2023/19)

Qube Logistics Rail – North Queensland Workplace Agreement 2022

Rail industry
COMMISSIONER SIMPSON	BRISBANE, 13 FEBRUARY 2023

Application for approval of the Qube Logistics Rail - North Queensland Workplace Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Qube Logistics Rail - North Queensland Workplace Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Federated Union of Locomotive Employees (AFULE) and the Australian Rail, Tram and Bus Industry Union (RTBU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the AFULE and RTBU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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