Qube Logistics (Rail) Pty Ltd

[2015] FWCA 4065

[2015] FWCA 4065

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Qube Logistics (Rail) Pty Ltd
(AG2015/1304)

QUBE LOGISTICS RAIL MAINTENANCE ENTERPRISE AGREEMENT 2015

Rail industry
DEPUTY PRESIDENT SAMS	SYDNEY, 18 JUNE 2015

Application for approval of the Qube Logistics Rail Maintenance Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Qube Logistics (Rail) Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Qube Logistics Rail Maintenance Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the “Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (the ‘Union’) and is to cover 12 employees who are engaged to perform maintenance on rail rolling stock at specified workshops across Sydney. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 17 June 2013 and voting for the Agreement’s approval took place on 22 May 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, all 9 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 1 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Coulton, National IR Manager identified the Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] and the Metal, Engineering and Associated Industries 1998 [AP789529] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Coulton said that the Agreement provides for higher rates of pay and that there are no less beneficial conditions. In these circumstances, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6 and 5 respectively, and a disputes resolution procedure at clause 7 erroneously refers to Fair Work Australia, which I take as providing for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 16 June 2015, Mr D Coulton appeared for the applicant and Mr J Lavelle Wilson for the Union. Mr Coulton outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that rates of pay are to be increased by 1.6% on 1 June 2015, 3% on 1 June 2016 and 3% on 1 June 2017. The increase due on 1 June 2015 has already been paid. Mr Lavelle Wilson supported the submissions of Mr Coulton. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Qube Logistics Rail Maintenance Enterprise Agreement 2015 Pursuant to s 54 of the Act, the Agreement shall operate from 23 June 2015 and have a nominal expiry date of 1 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE414360  PR568422>