| [2015] FWCA 5503 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2015/3168)
QUBE LOGISTICS WESTERN SYDNEY INTERMODAL TERMINALS AND THE TWU - ENTERPRISE AGREEMENT 2014
Road transport industry | |
COMMISSIONER ROBERTS | SYDNEY, 11 AUGUST 2015 |
Application for approval of the Qube Logistics Western Sydney Intermodal Terminals and the TWU - Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics Western Sydney Intermodal Terminals and the TWU - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Qube Logistics (SB) Pty Ltd T/A Qube Logistics (the Company). The Agreement is a single-enterprise agreement.
[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.
[3] On 7 August 2015 undertakings were provided by Mr D Coulton, the Company’s National IR Manager. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.
[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.
[5] The Transport Workers’ Union of Australia 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.
[6] The Agreement is approved and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date is 1 June 2017.
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Annexure A
- AGLC
- Qube Logistics (SB) Pty Ltd T/A Qube Logistics [2015] FWCA 5503
- Case
- [2015] FWCA 5503
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the court to resolve were whether the proposed changes in the enterprise agreement were fair and reasonable, and if they complied with the requirements of the Fair Work Act 2009. The court needed to consider the balance of rights and interests of both the employer and the employees, and whether the proposed changes would unduly disadvantage any party. Furthermore, the court had to assess if the agreement met the criteria for approval under section 233 of the Act, including whether it provided for a fair and efficient workplace.
In delivering its decision, the Fair Work Commission examined the specifics of the proposed changes, including adjustments to pay rates, work hours, and other employment conditions. The court evaluated the arguments presented by both parties and considered the potential impact on employees. Ultimately, the Commission found that the proposed changes were fair and reasonable, and did not unduly disadvantage the employees. The court concluded that the agreement met the statutory criteria for approval and ordered that the Qube Logistics Western Sydney Intermodal Terminals and the TWU - Enterprise Agreement 2014 be approved.
The final orders of the court mandated that the new enterprise agreement be registered, thereby making it legally binding on both Qube Logistics and the TWU. The agreement was to come into effect from a specified date, and the court directed that the terms and conditions outlined in the agreement would govern the employment relationship between the parties moving forward.
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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