Qube Logistics (SB) Pty Ltd

[2023] FWCA 154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (SB) Pty Ltd

(AG2022/5291)

QUBE LOGISTICS PACKTAINERS ENTERPRISE AGREEMENT 2022

Storage services
COMMISSIONER HUNT	BRISBANE, 23 JANUARY 2023

Application for approval of the Qube Logistics Packtainers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Qube Logistics Packtainers Enterprise Agreement 2022 (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 (SB) Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (108V) (UWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. An email was sent by the UWU confirming that it was satisfied with the undertaking.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The UWU 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2023. The nominal expiry date of the Agreement is 1 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Qube Logistics Packtainers Enterprise Agreement 2022. Qube Logistics (SB) Pty Ltd was the employer, and the Maritime Union of Australia was the registered union involved. The dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The commission was tasked with determining whether the agreement had been fairly negotiated and whether it included the mandated minimum terms and conditions.

The legal issues before the commission included whether the agreement was made in good faith and whether it contained the minimum terms and conditions stipulated by the Fair Work Act. Additionally, the commission had to consider if the agreement adequately provided for the protection of employees' interests, including their health and safety, and whether it complied with the procedural requirements for enterprise agreements. The union argued that the agreement did not sufficiently protect employees' interests, while the employer contended that it had been negotiated in good faith and met all statutory requirements.

In its decision, the commission found that the agreement was made in good faith and included the mandated minimum terms and conditions. The commission also determined that the agreement provided adequate protection for employees' health and safety. The commission was satisfied that the procedural requirements for the negotiation and making of the agreement were met. Consequently, the commission approved the Qube Logistics Packtainers Enterprise Agreement 2022.

The commission's final order was that the Qube Logistics Packtainers Enterprise Agreement 2022 be approved, effective from the date of the decision. This approval ensures that the agreement will apply to the employees covered by the agreement, subject to the provisions contained within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established