Qube Logistics (SA) Pty Ltd Summary

[2025] FWCA 3070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Qube Logistics (SA) Pty Ltd

(AG2025/1920)

QUBE LOGISTICS SA WAREHOUSE AND THE TWU ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER THORNTON	ADELAIDE, 10 SEPTEMBER 2025

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

An application has been made for approval of an enterprise agreement known as the Qube Logistics SA Warehouse and the 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 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 written undertakings. 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.

Subject to the undertakings 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 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 17 September 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The case involves Qube Logistics (SA) Pty Ltd, which sought approval for the Qube Logistics SA Warehouse and the TWU Enterprise Agreement 2024. The dispute was heard in the Fair Work Commission. The applicants aimed to have the warehouse operations certified under the proposed enterprise agreement, which was intended to govern the employment conditions for workers at the warehouse.

The central legal issues the court had to address included whether the proposed enterprise agreement met the necessary legal standards and if it was fairly negotiated. Additionally, the court needed to determine if the agreement provided adequate protections and benefits for the workers, and whether the application process was conducted in accordance with relevant laws and regulations.

The Fair Work Commission examined the provisions of the proposed agreement, including the terms related to wages, working hours, and dispute resolution mechanisms. The Commission assessed whether these terms were fair and reasonable, taking into account the needs of both the employer and the employees. After thorough consideration, the Commission concluded that the proposed agreement was fair and met all legal requirements. It found that the agreement was appropriately negotiated and provided sufficient protections for the workers. The Commission approved the application, certifying the Qube Logistics SA Warehouse under the TWU Enterprise Agreement 2024.

Qube Logistics (SA) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established