Qube Logistics (SA) Pty Ltd; Qube Logistics (SA1) Pty Ltd; Qube Logistics (SL) Pty Ltd T/A Qube Logistics

[2019] FWCA 6701

[2019] FWCA 6701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SA) Pty Ltd; Qube Logistics (SA1) Pty Ltd; Qube Logistics (SL) Pty Ltd T/A Qube Logistics
(AG2019/3124)

QUBE LOGISTICS SOUTH AUSTRALIA OUTER HARBOR TRANSPORT AND THE TWU ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 SEPTEMBER 2019

Application for approval of the Qube Logistics South Australia Outer Harbor Transport and TWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics South Australia Outer Harbor Transport and TWU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Logistics (SA) Pty Ltd; Qube Logistics (SA1) Pty Ltd; Qube Logistics (SL) Pty Ltd T/A Qube Logistics. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clause 35(b) is inconsistent with the National Employment Standards as it excludes probationary employees from receiving notice of termination. Given the National Employment Standards precedence clause at clause in the undertakings, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

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Annexure A