DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2017/5496)

QUBE LOGISTICS (SB) - PACKTAINERS ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 JANUARY 2018

Application for approval of the Qube Logistics (SB) - Packtainers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (SB) - Packtainers Enterprise Agreement 2016 (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] The Agreement lodged as part of the application for approval contained an error at page 10. On 21 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 10. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The Applicant has provided written undertakings. 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.

[4] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The National Union of Workers 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.

[7] The Agreement was approved on 30 January 2018 and, in accordance with s.54, will operate from 6 February 2018. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Qube Logistics (SB) Pty Ltd T/A Qube Logistics, the Fair Work Commission was presented with an application for the approval of the Qube Logistics (SB) - Packtainers Enterprise Agreement 2016. The primary issue at hand was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. The application was made by Qube Logistics, while the opposition came from the Packtainers union. The crux of the dispute lay in various provisions of the proposed agreement, including terms related to wages, working conditions, and dispute resolution mechanisms.

The legal issues the commission had to address involved ensuring the agreement complied with the statutory requirements for enterprise agreements. Specifically, the commission needed to determine whether the agreement had been made in good faith and whether it provided for the proper negotiation process. Furthermore, the commission examined whether the agreement provided fair and reasonable terms for the employees, including whether it offered adequate protections and benefits. The commission also had to assess if the agreement included necessary provisions for the protection of vulnerable employees and whether it adhered to the public interest considerations as outlined in the Fair Work Act.

In delivering its decision, the commission carefully considered the arguments presented by both parties. It found that the agreement was made in good faith and that the negotiation process was proper. The commission also concluded that the agreement provided fair and reasonable terms for the employees, including adequate protections and benefits. Importantly, the commission determined that the agreement included necessary provisions for the protection of vulnerable employees and that it adhered to public interest considerations. Based on these findings, the commission approved the Qube Logistics (SB) - Packtainers Enterprise Agreement 2016, deeming it compliant with the statutory requirements. As a result, the agreement was formally approved and came into effect.

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