Qube Logistics (SA) Pty Ltd

[2022] FWCA 807

[2022] FWCA 807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (SA) Pty Ltd

(AG2022/359)

Qube Logistics SA Container Park Enteprise Agreement 2021

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 7 MARCH 2022

Application for approval of the Qube Logistics SA Container Park Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Qube Logistics SA Container Park Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Qube Logistics (SA) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 22 February 2022.

1. On 24 February 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 4 March 2022. The undertaking deals with the following topics:

·   The Agreement shall come into effect seven days after approval by the Commission.

·  Clause 36 of the Agreement, which deals with redundancy provisions, has been amended to correct a typographical error. The amended provisions can be seen in the undertakings attached to the Agreement.

·   Clause 33 of the Agreement, which deals with notice of termination, has been amended to ensure that it is compliant with the National Employment Standards (NES).

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Transport Workers’ Union (TWU), 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act and despite clause 5 of the Agreement, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2024.

COMMISSIONER

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