DECISION

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

Qube Logistics (Rail) Pty Ltd T/A Qube Logistics Rail
(AG2020/2241)

QUBE LOGISTICS (RAIL) TRAIN CREW NSW ENTERPRISE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT CROSS	SYDNEY, 11 SEPTEMBER 2020

Application for approval of the Qube Logistics (Rail) Train Crew NSW Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the QUBE Logistics (Rail) Train Crew NSW Enterprise Agreement 2019 (‘the Agreement’). The application was made by Qube Logistics (Rail) Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Rail Tram and Bus Union (“the RTBU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the RTBU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Qube Logistics (Rail) Pty Ltd, trading as Qube Logistics Rail, applied to the Fair Work Commission for approval of the Qube Logistics (Rail) Train Crew NSW Enterprise Agreement 2019. The application involved the negotiation and formalisation of a workplace agreement between the company and its train crew employees, specifically addressing various employment terms and conditions. The Fair Work Commission, with its jurisdiction over such matters under the Fair Work Act 2009, was tasked with assessing whether the agreement met the legal requirements for approval.

The primary legal issue the Commission had to address was whether the agreement was a "better off overall test" compliant enterprise agreement. This meant that the Commission needed to determine if the proposed agreement provided employees with a minimum total pay and conditions package that was at least as good as their previous conditions or the applicable award, while also ensuring that it did not adversely affect the financial viability of the company. The Commission also had to verify that the agreement was made in good faith and followed the proper bargaining process as outlined in the Act.

In evaluating the application, the Commission examined the provisions of the agreement and considered submissions from both Qube Logistics and the relevant unions. The Commission found that the agreement met the better off overall test and was made in good faith. It noted that the agreement provided employees with improved pay rates, better shift patterns, and enhanced working conditions, while also considering the financial sustainability of Qube Logistics. The Commission concluded that the agreement was fair and reasonable, thus satisfying the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Qube Logistics (Rail) Train Crew NSW Enterprise Agreement 2019. This decision formalised the new employment terms and conditions, ensuring that they were legally compliant and beneficial for both the employees and the employer.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established