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

[2021] FWCA 2744

[2021] FWCA 2744

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2021/4435)

QUBE LOGISTICS PACKTAINERS ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT ASBURY	BRISBANE, 14 MAY 2021

Application for approval of the Qube Logistics Packtainers Enterprise Agreement 2020.

[1] Qube Logistics (SB) Pty Ltd T/A Qube Logistics (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Qube Logistics Packtainers Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] A concern was raised that coverage of the proposed Agreement was expressed in the NERR as employees engaged by the company to perform functions in the company’s wool packing operations in shed 4 at Yennora Distribution centre and whose employment falls within the classifications identified in the enterprise agreement, whereas coverage of employees is expressed in clause 3.2 of the Agreement as being employees who work at building 4 Loftus Road Yennora providing wool dumping and packing services to Packtainers or any other location in the event work is relocated.

[5] The Applicant responded to concerns about this issue by stating that the operations in Shed 4 Yennora Distribution Centre are located on Loftus Road Yennora, and the two addresses referred to are the same.

[6] Having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, I am satisfied that these matters are minor procedural or technical errors for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. I also note the United Workers’ Union, a bargaining representative of employees supports the approval of the Agreement. I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[7] An issue was also identified in relation to an inconsistency in Clauses 1.1 and 1.2 of Part B of the Agreement which set out the weekly rates of pay and equivalent hourly rates of pay for Storeworkers grades 1 – 4, on the basis that hourly rates of pay did not appear to be equivalent to the weekly rates of pay.

[8] The Applicant responded to this concern by stating that there was an error in the calculation of the weekly rates based on the hourly rates, and that while the hourly rates were correct, the Applicant sought to correct the weekly rates set out in the Agreement. An application was made – at the time the application for approval was made – pursuant to s. 217 of the Fair Work Act 2009 seeking a variation to remove an ambiguity or uncertainty in the Agreement, by replacing the weekly rates of pay with corrected rates.

[9] The application under s. 217 of the Act was not opposed by the United Workers’ Union. A Decision 1 and Order2 is issued varying the Agreement from the date it is approved by virtue of this Decision.

[10] I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 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 s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[11] The United Workers Union has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, and based on the declarations provided by the organisation, I note that the Agreement covers this organisation.

[12] The Agreement is approved in accordance with s.54 of the Act and will operate from 21 May 2021. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Annexure A

 1   Qube Logistics (SB) Pty Ltd T/A Qube Logistics [2021] FWCA 2785.

 2   PR729878.

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