| [2024] FWCA 743 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Qube Logistics (Rail) Pty Ltd T/A Qube Logistics
(AG2024/218)
QUBE LOGISTICS RAIL - SOUTH EAST QUEENSLAND WORKPLACE AGREEMENT 2024
| Rail industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 27 FEBRUARY 2024 |
Application for approval of the Qube Logistics Rail – South East Queensland Workplace Agreement 2024
An application has been made for approval of an enterprise agreement known as the Qube Logistics Rail – South East Queensland Workplace Agreement 2024 (the Agreement). The application was made 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.
Two matters were raised with the applicant going to whether the agreement passes the better off overall test referred to in s.186(2)(d). In response the applicant provided undertakings. A copy of the undertakings is attached in Annexure A. A copy of the undertakings was provided to the union bargaining representatives. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The ARTBU and the AFULE, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement was approved on 27 February 2024 and, in accordance with s.54, will operate from 5 March 2024. The nominal expiry date of the Agreement at clause 3.2 is 5 March 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Qube Logistics (Rail) Pty Ltd T/A Qube Logistics [2024] FWCA 743
- Case
- [2024] FWCA 743
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved ensuring that the proposed workplace agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to verify that the agreement met the criteria for being a "single-enterprise agreement" and that it did not unfairly discriminate against employees or contravene any minimum entitlements as outlined in the Fair Work Act. Additionally, the Commission examined whether the agreement provided an efficient, productive, and flexible workplace while ensuring procedural fairness in its creation.
In delivering its decision, the Commission examined the evidence provided by Qube Logistics regarding the consultation process with employees and the outcomes of that consultation. The Commission found that the agreement had been developed in good faith, with adequate consultation and consideration of employee feedback. The proposed terms and conditions were deemed to be fair and reasonable, providing appropriate protections and benefits to employees while facilitating operational efficiency for the company. The Commission concluded that the agreement satisfied all the necessary legal requirements and approved the workplace agreement as compliant and binding under the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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