Qube Logistics (Rail) Pty Ltd

[2021] FWCA 7128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (Rail) Pty Ltd
(AG2021/8424)

QUBE LOGISTICS RAIL VICTORIAN TRAIN CREW ENTERPRISE AGREEMENT 2021

Rail industry
COMMISSIONER YILMAZ	MELBOURNE, 15 DECEMBER 2021

Application for approval of the Qube Logistics Rail Victorian Train Crew Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics Rail Victorian Train Crew Enterprise Agreement 2021 (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.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 10(g), 14.1(d)(v), 27.1 and 28(a) the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Rail Tram and Bus Union 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 22 December 2021. The nominal expiry date of the Agreement is 13 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (Rail) Pty Ltd applied for the Fair Work Commission's approval of the Qube Logistics Rail Victorian Train Crew Enterprise Agreement 2021. The application was made under section 236 of the Fair Work Act 2009, seeking the Commission's determination that the agreement was appropriate for registration, in accordance with the Act's objectives. The Commission was required to consider whether the agreement met the criteria set out in section 235 of the Act and whether it complied with relevant legislative provisions.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Act and whether it achieved the Act's objectives. The Commission considered the agreement's provisions, particularly those relating to wages, hours of work, and other conditions of employment. The Commission also examined whether the agreement provided for appropriate dispute resolution mechanisms and whether it complied with any relevant minimum standards.

The Commission found that the agreement met the requirements of the Act and achieved its objectives. The agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other conditions. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and complied with any relevant minimum standards. The Commission approved the agreement, subject to certain conditions, and ordered that it be registered with the Commission.

The Commission's decision was based on its finding that the agreement met the requirements of the Act and achieved its objectives. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and complied with any relevant minimum standards. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms. The Commission approved the agreement, subject to certain conditions, and ordered that it be registered with the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established