Qube Logistics (Rail) Pty Ltd

[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

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.

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.

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.

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Qube Logistics Rail - North Queensland Workplace Agreement 2022. The applicant, Qube Logistics (Rail) Pty Ltd, sought approval for the agreement as a modern award under the Fair Work Act 2009. The application was opposed by the Rail, Tram and Bus Union, which argued that the agreement did not meet the statutory requirements for modern awards and failed to provide adequate protections for employees.

The central legal issues in the case revolved around whether the proposed workplace agreement complied with the legislative requirements for modern awards. Specifically, the Commission had to determine whether the agreement provided a safety net of minimum entitlements that were no less favourable than those set out in the relevant national workplace laws and whether it included provisions that were fair and reasonable in all aspects. Additionally, the Court had to consider whether the agreement adequately addressed employee protections, including provisions related to termination, redundancy, and dispute resolution.

The Fair Work Commission, after examining the proposed agreement and hearing submissions from both parties, found that the agreement did not fully meet the statutory requirements for modern awards. The Commission identified several shortcomings, including inadequate provisions for termination and redundancy, and a dispute resolution process that was deemed insufficient. Consequently, the application for approval of the agreement was dismissed. The Commission emphasised the need for modern awards to provide a comprehensive safety net of minimum entitlements and to ensure fair and reasonable terms for all employees. The decision underscored the importance of robust employee protections in workplace agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established