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

[2021] FWCA 6593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2021/8043)

QUBE LOGISTICS (QLD) PTY LTD BRISBANE PORT FREIGHT TERMINALS AND THE TWU ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the Qube Logistics (QLD) Pty Ltd Brisbane Port Freight Terminals and the TWU Enterprise Agreement 2020.

[1] Qube Logistics (SB) Pty Ltd T/A Qube Logistics (the Applicant) has made an application for approval of an enterprise agreement known as the Qube Logistics (QLD) Pty Ltd Brisbane Port Freight Terminals and the TWU Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 November 2021.

[3] On 1 November 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• Clarification was sought regarding agreement pre-approval requirements, specifically the provision of the NERR, the steps the employer took to inform employees of the time, place and method of the vote and the steps taken to provide employees access to the Award during the access period.

• Clause 19.1.1 regarding public holiday substitution was inconsistent with the National Employment Standards.

[4] The Applicant has submitted an undertaking in the required form dated 5 November 2021. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Logistics (SB) Pty Ltd T/A Qube Logistics was a party to an application for approval of a particular enterprise agreement. The respondent to the application was the Transport Workers Union of Australia. The matter was heard in the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for workers at the Brisbane Port Freight Terminals.

The legal issues before the court were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees, if it provided for fair and reasonable terms, and if it complied with the provisions of the Act. Additionally, the court had to consider if the agreement provided for procedural fairness in its creation and if there were any procedural irregularities.

The Fair Work Commission found that the agreement did meet the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms, was in the best interests of the employees, and complied with the provisions of the Act. The Commission also found that the agreement had been created with procedural fairness and that there were no procedural irregularities. As a result, the Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the Brisbane Port Freight Terminals and the TWU Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from 1 July 2020, and would apply to employees who were covered by the agreement. The approval of the agreement was to be published in the Commonwealth Government Gazette.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established