Qube Logistics (SA) Pty Ltd Summary

[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

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.

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

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.

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).

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.

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.

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.

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.

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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CaseChat Overview and Summary

The applicant, Qube Logistics (SA) Pty Ltd, sought approval from the Fair Work Commission for the Qube Logistics SA Container Park Enterprise Agreement 2021. The applicant is a logistics and transport business, while the respondent is the Australian Manufacturing Workers Union. The nature of the dispute was the approval of the enterprise agreement, which sets out the terms and conditions of employment for the applicant's employees. The Fair Work Commission is the court that heard this matter.

The primary legal issue before the court was whether the enterprise agreement was in the public interest and whether it met the statutory requirements under the Fair Work Act 2009. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The court also had to consider whether the agreement was negotiated in good faith and whether it provided for genuine and meaningful consultation between the parties.

The court found that the enterprise agreement met the statutory requirements under the Fair Work Act 2009. The court considered the evidence presented by both parties and found that the agreement provided for fair and reasonable terms and conditions of employment. The court also found that the agreement was negotiated in good faith and provided for genuine and meaningful consultation between the parties. The court was satisfied that the agreement was in the public interest and approved it. The court found that the agreement provided for a fair and reasonable balance between the interests of the employer and the employees, and it met the statutory requirements under the Fair Work Act 2009.

The final orders of the court were that the Qube Logistics SA Container Park Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would come into effect on the first day of the first calendar month following the registration. The court also ordered that the applicant and the respondent provide a copy of the approved agreement to the Fair Work Ombudsman.

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