Qube Logistics (SA) Pty Ltd

[2025] FWCA 3212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Qube Logistics (SA) Pty Ltd

(AG2025/1916)

QUBE LOGISTICS SA CONTAINER PARK AND TWU ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER THORNTON	ADELAIDE, 22 SEPTEMBER 2025

Application for approval of the Qube Logistics SA Container Park and TWU Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Qube Logistics SA Container Park and TWU Enterprise Agreement 2024 (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 (SA) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being ‘Qube Logistics South Australia Container Park Enterprise Agreement 2024’. However, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

The copy of the Agreement filed with the application for approval did not contain a signature page compliant with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 6 June 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Transport Workers’ Union (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 29 September 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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ANNEXURE A

In the recent case of Qube Logistics (SA) Pty Ltd, the Fair Work Commission was tasked with approving the Qube Logistics SA Container Park and TWU Enterprise Agreement 2024. The dispute involved the logistics company and the Transport Workers Union, with the primary issue being the terms of the proposed enterprise agreement and the associated operational changes at the container park. The nature of the dispute was to ensure that the agreement complied with the relevant industrial laws and protected the rights of the employees and the company.

The central legal issues before the commission were whether the proposed agreement was consistent with the principles of the Fair Work Act 2009 and whether it appropriately balanced the interests of both the employer and the employees. The commission had to consider whether the agreement provided adequate protections for employees, including conditions of employment, wages, and dispute resolution mechanisms. Furthermore, the commission had to evaluate if the agreement facilitated operational efficiency and productivity while respecting the rights of employees to fair and just working conditions.

The commission approached the matter by carefully reviewing the provisions of the proposed agreement against the statutory framework. It examined the balance of the agreement in terms of flexibility and security, considering the operational needs of Qube Logistics and the rights of the employees. The commission found that the agreement met the necessary standards set out in the Fair Work Act, providing appropriate protections and terms that were fair and reasonable. The commission approved the Qube Logistics SA Container Park and TWU Enterprise Agreement 2024, ensuring that it would operate within the legal framework and support the objectives of both parties.

No further orders were required as the approval of the agreement was the primary outcome of the application. The commission's decision provides clarity on the terms under which Qube Logistics and the Transport Workers Union will operate, offering a framework for future industrial relations in the container park.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established