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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Qube Logistics (SA) Pty Ltd and Qube Logistics (SA1) Pty Ltd, which sought approval for the Qube Logistics SA Container Park Enterprise Agreement 2015. The application for approval was lodged by the employer, and the relevant union opposed it. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement and whether they complied with relevant labour laws.

The key legal issues addressed by the Commission included whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly concerning procedural fairness and the provisions for employee representation. The union argued that the agreement did not adequately provide for employee representation and that there were procedural flaws in the way the agreement was developed. The employer contended that the agreement was fair and met all legislative requirements.

In its decision, the Commission considered the evidence presented by both parties and examined the procedural fairness of the agreement. The Commission found that while the employer had generally followed appropriate procedures, there were shortcomings in the way employees were consulted and represented. Despite these issues, the Commission concluded that the procedural deficiencies did not significantly undermine the fairness of the agreement and that the agreement substantially met the requirements of the Act. Consequently, the Commission approved the enterprise agreement with certain conditions to address the identified procedural concerns.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established