| [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
- AGLC
- Qube Logistics (SB) Pty Ltd [2022] FWCA 600
- Case
- [2022] FWCA 600
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement provided fair and reasonable terms for the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to assess the fairness and reasonableness of various terms and conditions, such as wages, hours of work, and other employment-related matters, as well as determining if the agreement met the statutory requirements for approval.
The Commission found that the agreement provided fair and reasonable terms for the employees, considering the nature of the work, the economic climate, and the needs of the parties. It was determined that the agreement was in compliance with the Fair Work Act 2009 and met the criteria for approval. The Commission approved the Qube Logistics Western Sydney Intermodal Terminals and the TWU Enterprise Agreement 2021, effective from the date of the decision.
The final orders included the approval of the Qube Logistics Western Sydney Intermodal Terminals and the TWU Enterprise Agreement 2021, effective from the date of the decision, and the setting aside of any earlier interim approval.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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