QUBE LOGISTICS (SB) PTY LTD

[2022] FWCA 701

[2022] FWCA 701

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

QUBE LOGISTICS (SB) PTY LTD

(AG2022/112)

QUBE LOGISTICS MINTO WAREHOUSE AND YENNORA SHEDS 5 & 6 AND the TWU – ENTERPRISE AGREEMENT 2021

Road transport industry
Commissioner Matheson	SYDNEY, 28 FEBRUARY 2022

Application for approval of Qube Logistics Minto Warehouse and Yennora sheds 5 & 6 and the TWU – Enterprise Agreement 2021.

1. An application has been made for approval of an enterprise agreement known as the Qube Logistics Minto Warehouse and Yennora sheds 5 & 6 and the TWU – Enterprise Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. The name of the applicant was stated in the application as ‘Qube Logistics (Aust) Pty Ltd trading as Qube Logistics (SB) Pty Ltd’. The ABN provided in the application is 83 003 307 319. The Applicant applied for a correction seeking that the Commission exercise its powers pursuant to s.586 of the Act so that the application reflects the correct legal name of the applicant and employer covered by the Agreement, being ‘Qube Logistics (SB) Pty Ltd) (Applicant).

1. I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act. I make the amendment.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.4 of the Agreement, I am satisfied that the NES will apply as a minimum standard to the Agreement.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings).  The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement

1. Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The Transport Workers’ Union of Australia, 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 the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2022. The nominal expiry date of the Agreement is 1 March 2023.

COMMISSIONER

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Annexure A