Qube Logistics (SA1) T/A Qube Logistics

[2022] FWCA 2239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (SA1) T/A Qube Logistics

(AG2022/2086)

Qube Logistics (SA1) Pty Ltd South East Drivers and the TWU Enterprise Agreement 2020

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 6 JULY 2022

Application for approval of the Qube Logistics (SA1) Pty Ltd South East Drivers and the TWU Enterprise Agreement 2020

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 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Qube Logistics (SA1) T/A Qube Logistics (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 29 June 2022.

On 1 July 2022, 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 through the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 4 July 2022. The undertaking deals with the following topics:

· The Applicant has inserted a National Employment Standards (NES) precedence clause.

· If an employee resigns and has completed training, the employee will not be required to repay the company for the cost of the training.

· If an employee takes personal leave, they may be required to provide evidence that would satisfy a reasonable person as per s.107(3) of the Act.

· Long service leave will be paid in accordance with the Long Service Leave Act 1987 (SA) or the Long Service Leave Act 2018 (Vic), whichever is applicable to the employee.

· Employees who are terminated for abandonment of employment will be entitled to notice in line with the NES.

· Apprentices will be entitled to notice in line with the NES.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Qube Logistics (SA1) T/A Qube Logistics, the Fair Work Commission (FWC) was tasked with approving an enterprise agreement between Qube Logistics and its drivers. The Transport Workers Union (TWU) sought approval of the Qube Logistics South East Drivers and the TWU Enterprise Agreement 2020, which was intended to govern the terms and conditions of employment for drivers in the South East region. The legal issues before the FWC included whether the agreement met the statutory requirements for approval and whether it provided fair and reasonable terms for the employees involved.

The FWC assessed the agreement against the Fair Work Act 2009, focusing on whether the agreement complied with the legislative requirements for enterprise agreements. Key considerations included whether the agreement had been fairly negotiated and whether it provided for minimum rates of pay and conditions that were no less favourable than the relevant award or safety net award. The FWC also examined whether the agreement contained appropriate dispute resolution mechanisms and whether it met the good faith bargaining requirements. Given the FWC's jurisdiction, the court was required to ensure that the agreement did not adversely affect employees' rights to access the safety net, such as the right to be paid at least the minimum wage and other conditions set out in the relevant award.

Upon reviewing the agreement, the FWC found that it complied with the statutory requirements and provided fair and reasonable terms for the employees. The FWC confirmed that the agreement had been fairly negotiated, met the minimum pay and conditions requirements, and included appropriate dispute resolution mechanisms. Additionally, the FWC was satisfied that the agreement did not unjustifiably diminish employees' safety net rights. Consequently, the FWC approved the Qube Logistics South East Drivers and the TWU Enterprise Agreement 2020, ensuring that it would govern the terms and conditions of employment for the drivers in the South East region.

As a result of the FWC's approval, the Qube Logistics South East Drivers and the TWU Enterprise Agreement 2020 became effective, providing a framework for the employment terms and conditions of the drivers. This decision reinforced the importance of ensuring that enterprise agreements meet the statutory requirements for approval and provide fair and reasonable terms for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established