Qube Logistics (SB) Pty Ltd T/A Qube Logistics Summary

[2013] FWCA 8024

FAIR WORK COMMISSION

DECISION

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

Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2013/9723)

QUBE LOGISTICS (SB) - PACKTAINERS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2013

Application for approval of the Qube Logistics (SB) - Packtainers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (SB) - Packtainers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Logistics (SB) Pty Ltd T/A Qube Logistics (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2013. The nominal expiry date of the Agreement is 1 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Industrial Relations Commission was asked to approve an enterprise agreement between Qube Logistics (SB) Pty Ltd and its employees, specifically those represented by the Maritime Union of Australia. The agreement sought to regulate the terms and conditions of employment for the employees, including matters such as wages, hours of work, and other employment-related matters.

The central legal issue that the Commission had to decide was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining whether the agreement had been made in good faith and whether it provided for the proper payment of employees' wages and conditions.

The Commission found that the agreement had been made in good faith and that it provided for the proper payment of employees' wages and conditions. The Commission also considered whether the agreement was in the best interests of the employees and whether it promoted workplace harmony. The Commission was satisfied that the agreement achieved these objectives and therefore approved the agreement. The Commission also made an order that the agreement be registered with the Fair Work Commission.

This decision is significant for employers and employees alike, as it provides guidance on the requirements for an enterprise agreement to be approved by the Fair Work Commission. It also highlights the importance of good faith bargaining and the need for agreements to provide for the proper payment of employees' wages and conditions.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established