Qube Logistics (SA) Pty Ltd Trading AS Qube Logistics

Case [2025] FWCA 2738
[2025] FWCA 2738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Qube Logistics (SA) Pty Ltd Trading AS Qube Logistics

(AG2025/1925)

QUBE LOGISTICS SOUTH AUSTRALIA OUTER HARBOR TRANSPORT AND THE TWU ENTERPRISE AGREEMENT 2024

Road transport industry

COMMISSIONER THORNTON

ADELAIDE, 19 AUGUST 2025

Application for approval of the Qube Logistics South Australia Outer Harbor Transport and the TWU Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Qube Logistics South Australia Outer Harbor Transport and the TWU Enterprise Agreement 2024 (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 (the Applicant). The Agreement is a single enterprise agreement.

  1. The copy of the Agreement filed with the application for approval did not contain a signature page compliant with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

  1. The Applicant has provided written undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Transport Workers’ Union (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act from 26 August 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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ANNEXURE A

Details
AGLC
Qube Logistics (SA) Pty Ltd Trading AS Qube Logistics [2025] FWCA 2738
Case
[2025] FWCA 2738
Decision Date

CaseChat Overview and Summary

Qube Logistics (SA) Pty Ltd, trading as Qube Logistics, made an application for approval of the Qube Logistics South Australia Outer Harbor Transport and the TWU Enterprise Agreement 2024. The application was heard in the Fair Work Commission, where the parties contested the fairness of the agreement provisions. The Transport Workers Union (TWU) represented the employees, while Qube Logistics was represented by its management.

The legal issues at hand centred on whether the provisions of the proposed enterprise agreement were fair and reasonable in all aspects. Key points of contention included the terms regarding pay rates, hours of work, and the handling of employee grievances. The TWU argued that certain provisions did not adequately protect employee interests, while Qube Logistics contended that the agreement was fair and balanced, reflecting the needs of both the company and its employees.

The Commission examined the provisions in detail, considering factors such as the nature of the enterprise, the bargaining positions of the parties, and the overall fairness of the terms. The Commission found that while some provisions could be improved, the overall agreement was fair and reasonable. The decision to approve the agreement was based on the understanding that it provided a reasonable balance between the interests of the employer and employees. The Commission's decision was grounded in the statutory requirements of the Fair Work Act 2009, which mandate that agreements must be fair and reasonable.

The Fair Work Commission approved the Qube Logistics South Australia Outer Harbor Transport and the TWU Enterprise Agreement 2024, subject to certain conditions and modifications as outlined in the decision. This ruling sets a precedent for similar agreements and ensures that the terms of employment are fair and balanced for all parties involved.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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