Qube Logistics (SA) Pty Ltd; Qube Logistics (SA1) Pty Ltd

[2016] FWCA 1455

[2016] FWCA 1455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Qube Logistics (SA) Pty Ltd; Qube Logistics (SA1) Pty Ltd
(AG2016/209)

QUBE LOGISTICS SA CONTAINER PARK ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 4 MARCH 2016

Application for approval of the Qube Logistics SA Container Park Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics SA Container Park Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Qube Logistics (SA) Pty Ltd and Qube Logistics (SA1) Pty Ltd. The Agreement is a multi-enterprise agreement.

[2] On 1 March 2016, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the view of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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