DECISION

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

Qube Logistics (SA) Pty Ltd; Qube Logistics (SA1) Pty Ltd
(AG2016/1144)

QUBE LOGISTICS SA WAREHOUSE ENTERPRISE AGREEMENT 2015

Road transport industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 MAY 2016

Application for approval of the Qube Logistics (SA) Warehouse Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (SA) Warehouse Enterprise Agreement 2015 (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. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2016. The nominal expiry date of the Agreement is 30 September 2018.

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CaseChat Overview and Summary

Qube Logistics (SA) Pty Ltd and Qube Logistics (SA1) Pty Ltd sought approval of the Qube Logistics (SA) Warehouse Enterprise Agreement 2015. The application was before the Fair Work Commission, which must assess the agreement's compliance with the Fair Work Act 2009 and its regulations.

The court needed to determine whether the agreement met the criteria for approval, including ensuring fairness and compliance with the relevant provisions of the Act. Key issues involved whether the agreement adequately covered minimum entitlements, whether it provided for a fair and efficient workplace, and whether it had been genuinely negotiated between the employer and the relevant union. The court also considered whether the agreement was free from prohibited content, such as discriminatory clauses.

The Fair Work Commission found that the agreement met the necessary criteria for approval. It was determined that the agreement was fairly negotiated and did not contain any discriminatory provisions. The agreement was deemed to provide for fair and efficient workplaces, ensuring that employees received appropriate minimum entitlements. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the requirements of the Act. The decision underscored the importance of adhering to the legal framework in the negotiation and drafting of enterprise agreements.

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