DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SA) Pty Ltd; Qube Logistics (SA1) Pty Ltd T/A QUBE LOGISTICS
(AG2019/3121)

QUBE LOGISTICS SA CONTAINER PARK ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of the Qube Logistics SA Container Park Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics SA Container Park 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 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] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, Qube Logistics (SA) Pty Ltd; Qube Logistics (SA1) Pty Ltd T/A QUBE LOGISTICS, the Fair Work Commission was called upon to consider an application for the approval of the Qube Logistics SA Container Park Enterprise Agreement 2018. The applicant, Qube Logistics, sought approval of the enterprise agreement which aimed to regulate the employment terms and conditions of employees working in the container park in South Australia. The decision was made in light of concerns raised by certain employee representatives regarding the agreement’s provisions.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was appropriately certified and if it complied with the substantive and procedural fairness provisions. The Commission also had to assess whether the agreement provided for fair and reasonable terms and conditions for the employees involved, considering the balance of interests between the employer and the employees.

In delivering its decision, the Fair Work Commission examined the process by which the enterprise agreement was certified, ensuring it adhered to the necessary procedural requirements. The Commission also scrutinized the terms and conditions outlined in the agreement, verifying that they were fair and reasonable. After a thorough review, the Commission found that the agreement satisfied all the statutory requirements and was thus approved. The Commission was satisfied that the agreement was appropriately certified and provided fair terms and conditions for the employees, balancing the interests of both parties effectively.

As a result of the Commission’s approval, the Qube Logistics SA Container Park Enterprise Agreement 2018 was formally approved and will govern the employment terms and conditions of the employees in the specified workplace. This decision underscores the importance of ensuring that enterprise agreements meet the necessary legal standards to provide a fair and balanced workplace environment.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established