DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SA) Pty Ltd T/A Qube Logistics; Qube Logistics (SA1) Pty Ltd T/A Qube Logistics; Qube Logistics (SL) Pty Ltd T/A Qube Logistics
(AG2019/3130)

QUBE LOGISTICS SA WAREHOUSE AND THE TWU ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of the Qube Logistics SA Warehouse and the TWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics SA Warehouse and the 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 T/A Qube Logistics; Qube Logistics (SA1) Pty Ltd T/A Qube Logistics; 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] 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

The applicants, Qube Logistics entities, sought approval of the Qube Logistics SA Warehouse and the TWU Enterprise Agreement 2018. The respondents were the Transport Workers Union and the Australian Building and Construction Commission. The application was heard in the Fair Work Commission. The applicants sought approval of the agreement to ensure compliance with the Fair Work Act 2009. The respondents opposed the application, citing concerns about the agreement's provisions.

The legal issues before the court involved the validity and enforceability of the proposed enterprise agreement under the Fair Work Act. The court had to determine whether the agreement met the statutory requirements for registration, including compliance with the procedural fairness and good faith bargaining principles. The court also had to consider whether the agreement provided adequate protections for employees and did not contravene any relevant industrial laws.

The court found that the agreement satisfied the statutory requirements for registration. The applicants had engaged in good faith bargaining with the union and provided the necessary documentation. The court was satisfied that the agreement provided adequate protections for employees and did not contravene any relevant industrial laws. The court also noted that the agreement had been approved by a majority of the employees, which was a significant factor in its decision. The court approved the Qube Logistics SA Warehouse and the TWU Enterprise Agreement 2018.

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