Qube Logistics (SA) Pty Ltd
[2022] FWCA 805
•7 MARCH 2022
| [2022] FWCA 805 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Qube Logistics (SA) Pty Ltd
(AG2022/392)
Qube Logistics SA Warehouse and the TWU Enterprise Agreement 2021
| Road transport industry | |
| COMMISSIONER PLATT | ADELAIDE, 7 MARCH 2022 |
Application for approval of the Qube Logistics SA Warehouse and the TWU Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the the Qube Logistics SA Warehouse 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 23 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.
The Agreement was made on 1 February 2022 but was not lodged until 16 February 2022. As such, the Agreement was not lodged within 14 days after it was made (1 day late). After the conference, the Applicant informed me that the company lodged the Agreement for approval the same day as two other agreements lodged by the company (AG2022/357 and AG2022/359), however some of the attachments to the application were not received by the Commission and as a result, the initial application was deemed incomplete and had to be re-lodged. Pursuant to s.185(3)(b) of the Act I consider it appropriate to exercise my discretion to extend the time for making this application to 16 February 2022.
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 and 188 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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