DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2017/6623)

QUBE LOGISTICS (NSW) - FREIGHT STATION ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 7 MAY 2018

Application for approval of the Qube Logistics (NSW) - Freight Station Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (NSW) - Freight Station Enterprise Agreement 2017 (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 T/A Qube Logistics. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2018. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

Qube Logistics (SB) Pty Ltd, trading as Qube Logistics, applied to the Fair Work Commission for approval of the Qube Logistics (NSW) - Freight Station Enterprise Agreement 2017. The application was made under section 230 of the Fair Work Act 2009, seeking the Commission's determination that the agreement was suitable for registration. The dispute arose from the negotiation and proposed terms of the enterprise agreement between Qube Logistics and its employees. The Commission was tasked with assessing whether the agreement met the legal criteria for registration, including whether it contained the necessary minimum entitlements and did not discriminate against employees.

The central legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for enterprise agreements and whether it provided employees with fair and reasonable terms. The Commission considered whether the agreement provided for the minimum entitlements as outlined in the Fair Work Act, including minimum wages, penalty rates, and leave provisions. Additionally, the Commission assessed whether the agreement was free from any discriminatory provisions that could adversely affect employees and whether the agreement had been genuinely negotiated between the parties.

The Commission found that the proposed enterprise agreement met the necessary statutory requirements and provided employees with fair and reasonable terms. The agreement included provisions for minimum wages, penalty rates, and leave entitlements, and there were no discriminatory provisions that would adversely affect employees. The Commission also found that the agreement had been genuinely negotiated between Qube Logistics and its employees, with both parties demonstrating a commitment to the negotiation process. Consequently, the Commission approved the Qube Logistics (NSW) - Freight Station Enterprise Agreement 2017 for registration.

As a result of the Commission's determination, the Qube Logistics (NSW) - Freight Station Enterprise Agreement 2017 was approved for registration under section 186 of the Fair Work Act 2009. The agreement will now provide the basis for the terms and conditions of employment for the employees covered by the agreement, ensuring that they receive fair and reasonable terms as required by the Act.

Qube Logistics (SB) Pty Ltd T/A Qube Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established