Qube Logistics (SB) Pty Ltd

[2023] FWCA 3161

[2023] FWCA 3161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Qube Logistics (SB) Pty Ltd

(AG2023/3300)

QUBE LOGISTICS (NSW) - FREIGHT STATION ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 29 SEPTEMBER 2023

Application for termination of the Qube Logistics (NSW) – Freight Station Enterprise Agreement 2017

1. Qube Logistics (SB) Pty Ltd (Qube Logistics) has applied to terminate the Qube Logistics (NSW) – Freight Station Enterprise Agreement 2017 (the Agreement). The Agreement was approved on 7 May 2018 and nominally expired on 1 March 2020. The Agreement has passed its nominal expiry date.

1. Section 226 of the Fair Work Act 2009 (the Act) requires the Commission to terminate an enterprise agreement if the conditions in that section are met, having regard to the mandatory considerations in section 225 of the Act. Dealing with the matters of relevance in this case:

1. No employees covered by the Agreement: The declaration filed in support of the application states that there are no employees within the classifications of the Agreement who are employed under its terms. Absent any evidence or advice to the contrary, I am satisfied that the Agreement does not, and is not likely to, cover any employees.

2. Views of persons covered: Qube Logistics supports the termination of the Agreement on the basis that this “is part of a broader process the Company is undertaking to tidy up an unused and/or expired legacy Enterprise Agreements, that the Company has no intent to utilize moving forward.”

3. Effect on bargaining: There is no evidence of any bargaining for an enterprise agreement that will cover the same, or substantially the same, group of employees as the existing agreement, or that the application was made at or after the notification time for such a proposed enterprise agreement. In the circumstances, there is no basis upon which to conclude that termination of the Agreement would adversely affect the bargaining position of employees who will be covered by the proposed enterprise agreement.

4. Other relevant matters: There are no other relevant matters that have been brought to my attention.

1. As there are no employees covered by the Agreement and the other considerations do not tell against termination, I am satisfied that termination of the Agreement is appropriate in all the circumstances. As a result, I must terminate the Agreement.

1. The Agreement is terminated with effect from today.

COMMISSIONER

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