DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2015/3169)

QUBE LOGISTICS MINTO WAREHOUSE AND YENNORA SHEDS 5 & 6 AND THE TWU - ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 AUGUST 2015

Application for approval of the Qube Logistics Minto Warehouse and Yennora sheds 5 & 6 and the TWU - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics Minto Warehouse and Yennora sheds 5 & 6 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 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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 Minto Warehouse and Yennora sheds 5 & 6 and the TWU - Enterprise Agreement 2014. The Transport Workers Union (TWU) opposed the application. The dispute involved whether the proposed enterprise agreement met the statutory requirements and whether it was in the best interests of the employees. The Fair Work Commission was the court that had to decide on the matter.

The primary legal issue was whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment for the employees. The court had to consider if the agreement included all the mandated minimum terms and conditions, and if it was consistent with the broader public interest. Another issue was whether the agreement was in the best interests of the employees, considering the potential impact on their wages, working conditions, and overall welfare.

The Fair Work Commission found that the proposed enterprise agreement complied with the statutory requirements and was in the best interests of the employees. The court held that the agreement provided for fair and reasonable terms and conditions of employment, including all the mandated minimum terms and conditions. The commission also determined that the agreement was consistent with the broader public interest and would not have an adverse effect on the economy or industrial relations system. The court approved the application for the Qube Logistics Minto Warehouse and Yennora sheds 5 & 6 and the TWU - Enterprise Agreement 2014.

The final orders included the approval of the Qube Logistics Minto Warehouse and Yennora sheds 5 & 6 and the TWU - Enterprise Agreement 2014, effective from the date of the decision. The Transport Workers Union's opposition to the application was dismissed, and the agreement was registered with the Fair Work Commission.

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