DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2015/1475)

QUBE LOGISTICS (NSW) - BUMBORAH POINT ROAD FREIGHT STATION ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 2 JULY 2015

Application for approval of the Qube Logistics (NSW) - Bumborah Point Road Freight Station Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (NSW) - Bumborah Point Road Freight Station 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 1 July 2015 undertakings were provided by Mr D Coulton, National IR Manager of the Company, in relation to clause 12 (Superannuation) and clause 24 (Consultation) of the Agreement. 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 Agreement is approved and, in accordance with s.54, will operate from 9 July 2015. The nominal expiry date is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Qube Logistics (SB) Pty Ltd trading as Qube Logistics, applied to the Fair Work Commission for the approval of the Qube Logistics (NSW) - Bumborah Point Road Freight Station Enterprise Agreement 2014. The application was made under section 232 of the Fair Work Act 2009. The applicant sought to have the agreement made by the parties approved as a low-paid enterprise agreement. The primary concern was whether the agreement met the statutory requirements for approval, including whether it provided for the minimum entitlements set out in the Fair Work Act.

The central issue before the Commission was whether the agreement provided for the minimum entitlements as required by the Fair Work Act. This included ensuring that the agreement did not provide for terms and conditions that were less favourable than the applicable modern awards and national system awards. The Commission examined the terms of the agreement, considering whether it adhered to the statutory minimum standards, particularly focusing on the rates of pay and other employment conditions.

After careful consideration of the provisions of the agreement and the relevant legislation, the Commission found that the Qube Logistics (NSW) - Bumborah Point Road Freight Station Enterprise Agreement 2014 met the requirements for approval. The agreement provided for the minimum entitlements as stipulated by the Fair Work Act and did not offer terms and conditions that were less favourable than the applicable awards. Consequently, the Commission approved the agreement under section 232(1)(a) of the Fair Work Act.

The Fair Work Commission approved the Qube Logistics (NSW) - Bumborah Point Road Freight Station Enterprise Agreement 2014 as a low-paid enterprise agreement. This decision was made on the basis that the agreement met the statutory requirements and provided for the minimum entitlements as set out in the Fair Work Act. The approval was effective from the date of the Commission's decision.

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