DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2015/3170)

QUBE LOGISTICS (NSW) AND THE TWU - ROAD TRANSPORT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 AUGUST 2015

Application for approval of the Qube Logistics (NSW) and the TWU - Road Transport Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (NSW) and the TWU - Road Transport 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (SB) Pty Ltd T/A Qube Logistics recently approached the Fair Work Commission seeking approval of the Qube Logistics (NSW) and the Transport Workers Union - Road Transport Enterprise Agreement 2014. The application was brought under section 234 of the Fair Work Act 2009, which allows for the approval of an enterprise agreement if it meets certain criteria, such as providing for the fair and reasonable resolution of employees' terms and conditions of employment. The Transport Workers Union, representing the employees, was also a party to the application. The primary dispute centred on whether the agreement met the statutory requirements for approval, particularly in relation to the protection of employees' rights and interests.

The legal issues before the court included whether the enterprise agreement provided for the fair and reasonable resolution of the relevant employees' terms and conditions of employment, as required by section 234(1)(a) of the Fair Work Act 2009. The court also needed to consider if the agreement included appropriate provisions for the protection of employees' rights and interests, in accordance with section 234(1)(b). Additionally, the court had to examine whether the agreement complied with any other relevant provisions of the Fair Work Act, such as those concerning minimum standards and procedural fairness.

In its decision, the Fair Work Commission found that the enterprise agreement met the necessary criteria for approval. The court determined that the agreement provided for the fair and reasonable resolution of employees' terms and conditions of employment and included appropriate provisions for the protection of employees' rights and interests. The commission also found that the agreement complied with all relevant provisions of the Fair Work Act. As a result, the court approved the Qube Logistics (NSW) and the Transport Workers Union - Road Transport Enterprise Agreement 2014.

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