Qube Logistics (SB) Pty Ltd
[2022] FWCA 600
•22 FEBRUARY 2022
| [2022] FWCA 600 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Qube Logistics (SB) Pty Ltd
(AG2022/92)
Qube Logistics Western Sydney Intermodal Terminals and the TWU Enterprise Agreement 2021
| Road transport industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 22 FEBRUARY 2022 |
Application for approval of the Qube Logistics Western Sydney Intermodal Terminals and the TWU Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement to be known as the Qube Logistics Western Sydney Intermodal Terminals and the TWU Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Qube Logistics (SB) Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings dated 22 February 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is 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 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2022. The nominal expiry date of the Agreement is 1 June 2023.
DEPUTY PRESIDENT
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Annexure A
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