DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (Rail) Pty Ltd T/A Qube Logistics
(AG2017/736)

QUBE LOGISTICS RAIL VICTORIAN TRAIN CREW ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MAY 2017

Application for approval of the Qube Logistics Rail Victorian Train Crew Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics Rail Victorian Train Crew Enterprise Agreement 2015 (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 T/A Qube Logistics. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

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

[4] The Australian 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.

[5] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 3 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (Rail) Pty Ltd, trading as Qube Logistics, applied for the approval of the Qube Logistics Rail Victorian Train Crew Enterprise Agreement 2015 before the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement was in compliance with the requirements of the Fair Work Act 2009. Specifically, the application raised questions regarding the agreement's coverage, the manner in which it was formed, and whether it contained the necessary minimum terms and conditions as stipulated by the legislation.

The legal issues before the Commission were whether the enterprise agreement was properly formed, if it covered the intended employees, and if it included all the required minimum terms and conditions. Additionally, the Commission had to assess whether the agreement met the statutory requirements for approval, particularly under sections 230 and 231 of the Fair Work Act 2009. These sections pertain to the process of application for approval and the criteria that must be met for an enterprise agreement to be valid.

The Commission found that the enterprise agreement was properly formed and met all the statutory requirements for approval. The agreement was determined to cover the intended employees, and it contained all the necessary minimum terms and conditions as required by the Fair Work Act 2009. Consequently, the Commission approved the Qube Logistics Rail Victorian Train Crew Enterprise Agreement 2015. The decision highlighted the importance of adhering to the legislative framework when drafting and approving enterprise agreements to ensure they are valid and enforceable.

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