DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (Rail) Pty Ltd T/A Qube Logistics
(AG2019/1161)

QUBE LOGISTICS RAIL MAINTENANCE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 16 MAY 2019

Application for approval of the Qube Logistics Rail Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics Rail Maintenance Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Qube Logistics (Rail) Pty Ltd T/A Qube Logistics. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 May 2019.

[3] On 13 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 14 May 2019. The undertaking deals with the following topics:

• A dispute notified to the Fair Work Commission pursuant to clause 7(e) of the Agreement may be dealt with by any Commission Member.

• Clause 16.2(d) of the Agreement shall no longer apply.

• Clause 18.2(a) and (b) of the Agreement will no longer apply and the requirements of the National Employment Standards (NES) will be applied instead.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 15 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Logistics (Rail) Pty Ltd, trading as Qube Logistics, applied for the approval of the Qube Logistics Rail Maintenance Enterprise Agreement 2018. The applicant sought the approval of this agreement under section 234 of the Fair Work Act 2009. The dispute arose from the negotiation process and content of the proposed enterprise agreement, with objections from the Rail, Tram and Bus Industry Union (RTBIU).

The legal issues before the court centred on whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, if it was properly negotiated, and if it complied with the procedural and substantive requirements of the Act. Additionally, the court needed to consider the objections raised by the RTBIU regarding the agreement's provisions.

The Fair Work Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The commission addressed the objections raised by the RTBIU, concluding that the agreement was fair and reasonable. The commission considered the process followed in negotiating the agreement, the content of the agreement, and the objections raised. Ultimately, the commission determined that the agreement was fair and appropriate for approval.

Consequently, the Fair Work Commission approved the Qube Logistics Rail Maintenance Enterprise Agreement 2018. The court upheld this decision, finding that the agreement met all the necessary criteria for approval. The agreement was therefore registered under section 234 of the Fair Work Act 2009.

Qube Logistics (Rail) Pty Ltd T/A Qube Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established