DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2021/6716)

QUBE LOGISTICS (NSW) - ROAD TRANSPORT ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 SEPTEMBER 2021

Application for approval of the Qube Logistics (NSW) - Road Transport Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Qube Logistics (NSW) - Road Transport Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Qube Logistics (SB) Pty Ltd T/A Qube Logistics (Employer). The Agreement is a single enterprise agreement.

[2] The Transport Workers’ Union of Australia (‘TWU’), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] 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.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2021. The nominal expiry date of the Agreement is 1 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 (NSW) – Road Transport Enterprise Agreement 2021. The applicant sought approval for the agreement under section 232 of the Fair Work Act 2009. The application was contested by the Transport Workers Union (TWU). The legal issues before the Commission were whether the agreement met the requirements for registration under the Fair Work Act, including whether it provided for a direct and effective means of dispute resolution and whether it complied with the good faith bargaining requirement. The Commission considered the process of negotiations, the content of the agreement, and the obligations of the parties under the Act.

After reviewing the evidence and submissions, the Commission found that the agreement was made in good faith and provided for a direct and effective means of dispute resolution. The Commission noted that while there were some delays in the negotiation process, these were not so significant as to undermine the overall good faith of the bargaining. The Commission also found that the agreement was consistent with the principles of enterprise bargaining and provided for appropriate mechanisms for resolving disputes. The Commission approved the application and registered the agreement under the Fair Work Act.

The Commission made orders approving and registering the Qube Logistics (NSW) – Road Transport Enterprise Agreement 2021 as a registered agreement under section 171 of the Fair Work Act. The agreement is to be in effect from 1 July 2021 for a period of five years, unless terminated earlier in accordance with its provisions. The parties are bound by the terms of the agreement, which sets out the conditions of employment for the employees covered by the agreement. The Commission noted that the agreement provided for appropriate mechanisms for resolving disputes and that it was consistent with the principles of enterprise bargaining.

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