Qube Logistics (SA1) T/A Qube Logistics
[2022] FWCA 2239
•6 JULY 2022
| [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
Printed by authority of the Commonwealth Government Printer
<AE516556 PR743395>
0
0
0