Qube Logistics (SA1) Pty Ltd

[2019] FWCA 1069

[2019] FWCA 1069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SA1) Pty Ltd
(AG2018/5036)

QUBE LOGISTICS (SA1) PTY LTD SOUTH EAST DRIVERS AND TWU ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 19 FEBRUARY 2019

Application for approval of the Qube Logistics (SA1) Pty Ltd South East Drivers and the TWU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (SA1) Pty Ltd South East Drivers and the TWU Enterprise Agreement 2017 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Qube Logistics (SA1) Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 January 2019.

[3] On 10 January 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 7 February 2019. The undertaking deals with the following topics:

•  For the purpose of clause 33.3, the evidence requirement in relation to personal (sick/carers) leave will be read and interpreted in conjunction with the National Employment Standards (NES). Further, statutory declarations will be considered an acceptable form of evidence under this Agreement.

•  Clause 36(e) of the Agreement shall not apply.

•  Clause 37 of the Agreement is to be deleted and replaced with:

“the period of notice in this clause does not apply:

a) In the case of dismissal for conduct or gross misconduct that justifies instant dismissal including causing serious and imminent risk to the health and safety of another person or to the reputation or profits of their employer’s business, theft, fraud, assault, or refusing to carry out a lawful and reasonable instruction that is part of the job. Other known term: misconduct;

b) A casual employee;

c) To employees engaged for a specific period of time or for a specific task; and

d) To trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason limited to the duration of the agreement.”

•  For the purpose of clause 26, 29 and 31 of the Agreement, the Employer will only seek to recover costs in line with s.324, s.325 and s.326 of the Act.

•  Clause 15(5) is replaced with the following:

“Casual rates has a 25% loading on the trip rates above”.

•  The Employer undertakes that when engaging drivers on trip rates they will only utilise the trip rate methodology for payment when journeys exceed a daily minimum of 500km, in the event the daily journey is less than 500km the Employer will pay the applicable base hourly rate as defined in clause 15 of the Agreement.

•  The Employer undertakes that when doing work that does not exceed 500km daily (local work) employees will be engaged on the base hourly rate in clause 15 of the Agreement and entitled to conditions as prescribed in the Road Transport and Distribution Award 2010 for the purposes of minimum engagement and allowances.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Transport Workers’ Union of Australia (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) of the Act I note that the Agreement covers this organisation.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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