DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2015/3324)

QUBE LOGISTICS (QLD) PTY LTD BRISBANE PORT FREIGHT TERMINAL WORKPLACE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 AUGUST 2015

Application for approval of the Qube Logistics (QLD) Pty Ltd Brisbane Port Freight Terminal Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (QLD) Pty Ltd Brisbane Port Freight Terminal Workplace 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 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Qube Logistics (SB) Pty Ltd, trading as Qube Logistics, and its employees, represented by the Maritime Union of Australia. The central issue was the application for approval of the Qube Logistics (QLD) Pty Ltd Brisbane Port Freight Terminal Workplace Agreement 2014. The applicants sought to have the agreement recognised as a registered workplace agreement under the Fair Work Act 2009. The dispute centred on whether the agreement satisfied the formal requirements for registration and adequately protected the rights of employees.

The legal issues the court needed to address were whether the agreement was made in accordance with the Fair Work Act and whether it contained the necessary protections for employees. Specifically, the court had to determine if the agreement was fairly negotiated, if it included minimum entitlements as stipulated by the Act, and if it met the procedural requirements for registration. The applicants argued that the agreement was a genuine product of negotiation and complied with all legislative requirements, while the respondents raised concerns about the fairness of the negotiation process and the comprehensiveness of the protections provided to employees.

The commission examined the negotiation process and the content of the agreement to ascertain if it met the statutory requirements. It was found that the agreement was indeed a product of genuine negotiation, as evidenced by the extensive consultation and bargaining between the parties. The commission also determined that the agreement included all necessary minimum entitlements and adhered to the procedural requirements for registration. Consequently, the commission approved the application for registration of the agreement, finding it to be fair and compliant with the Fair Work Act.

The final orders of the commission were that the Qube Logistics (QLD) Pty Ltd Brisbane Port Freight Terminal Workplace Agreement 2014 be approved and registered under the Fair Work Act 2009. This decision effectively recognised the agreement as a binding workplace agreement between Qube Logistics and its employees, providing a framework for their employment terms and conditions.

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