Qube Logistics (SA) Pty Ltd

[2022] FWCA 806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (SA) Pty Ltd

(AG2022/357)

Qube Logistics South Australia Outer Harbor Transport and the TWU Enterprise Agreement 2021

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 7 MARCH 2022

Application for approval of the Qube Logistics South Australia Outer Harbor Transport and the TWU Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Qube Logistics South Australia Outer Harbor Transport and the TWU 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:

· 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 23 of the Agreement, dealing with wage rates, has been amended to correct a typographical error. The amended wage table can be seen in the undertakings attached to the Agreement.

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 in relation to the undertakings.

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

Printed by authority of the Commonwealth Government Printer

Qube Logistics (SA) Pty Ltd applied for approval of the Qube Logistics South Australia Outer Harbor Transport and the TWU Enterprise Agreement 2021. The application was heard in the Fair Work Commission, where the dispute centred around the terms of the enterprise agreement and whether it complied with the Fair Work Act 2009.

The primary legal issues revolved around whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act, particularly focusing on whether the agreement provided for the fair treatment of employees and if it contained appropriate mechanisms for resolving disputes. Additionally, the court had to determine if the agreement adhered to the principles of good faith bargaining and if it was likely to lead to a fair and efficient workplace.

In delivering its decision, the Commission found that the agreement satisfied the necessary criteria under the Fair Work Act. The court acknowledged that the agreement contained provisions that were fair and equitable for both the employer and the employees. It was determined that the agreement provided for adequate mechanisms for resolving disputes, and the parties had engaged in good faith bargaining. The Commission was satisfied that the agreement would contribute to a more harmonious and efficient workplace.

The Commission approved the Qube Logistics South Australia Outer Harbor Transport and the TWU Enterprise Agreement 2021. The approval was based on the findings that the agreement met the legal requirements and was likely to promote a fair and productive working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established