DECISION

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

Qube Logistics (SB) Pty Ltd T/A Qube Logistics
(AG2019/2369)

QUBE LOGISTICS (SB) - PACKTAINERS ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER SPENCER	BRISBANE, 5 AUGUST 2019

Application for approval of the Qube Logistics (SB) - Packtainers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (SB) - Packtainers Enterprise Agreement (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 Agreement is a single-enterprise agreement.

[2] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. The model consultation term is attached to the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2019. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Logistics (SB) Pty Ltd T/A Qube Logistics sought approval of the Qube Logistics (SB) - Packtainers Enterprise Agreement 2018 before the Fair Work Commission (FWC). The dispute arose from negotiations between the employer and the Packtainers Union, which aimed to establish terms and conditions for employees in the logistics industry. The union argued that the proposed agreement did not adequately protect employee rights and conditions, while the employer maintained that the agreement was fair and reasonable.

The central legal issue before the FWC was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was in the best interests of the employees, whether it provided for fair and reasonable terms, and if it complied with the procedural requirements of the Act. The FWC also had to consider whether the agreement provided adequate protection for employees' wages, hours of work, and other conditions of employment.

In its decision, the FWC found that the proposed enterprise agreement did not fully meet the statutory requirements. The FWC was concerned that the agreement did not adequately protect employees' wages and conditions, particularly in relation to overtime and shift patterns. The FWC also noted that the agreement did not provide sufficient protections for employees in the event of redundancy or termination. Consequently, the FWC refused to approve the enterprise agreement. The employer was required to renegotiate the agreement with the union to address these concerns.

No specific orders were made in this instance, but the employer was directed to return to the negotiating table to revise the agreement in light of the FWC's findings.

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