DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QUBE Logistics (SB) Pty Ltd T/A QUBE Logistics
(AG2018/5278)

QUBE LOGISTICS HAREFIELD INTERMODAL TERMINAL ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Qube Logistics Harefield Intermodal Terminal Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics Harefield Intermodal Terminal Enterprise Agreement 2017 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 8 February 2019 and, in accordance with s.54, will operate from 15 February 2019. The nominal expiry date of the Agreement is 1 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Logistics (SB) Pty Ltd, trading as Qube Logistics, sought approval of the Qube Logistics Harefield Intermodal Terminal Enterprise Agreement 2017. The application was made to the Fair Work Commission. The dispute involved the terms of the enterprise agreement, specifically concerning the classification of employees and the associated wage rates. Qube Logistics argued that the proposed agreement was fair and reasonable, while the respondents, including the Transport Workers Union and certain employees, contended that the agreement was deficient in several aspects.

The primary legal issues before the Commission were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. The respondents argued that the agreement failed to provide adequate protections for employees, particularly in relation to wage rates and classification. They further contended that the agreement did not meet the 'better off overall test' as required by the legislation. Qube Logistics, on the other hand, maintained that the agreement was fair and reasonable, offering a balanced approach to the needs of both the company and the employees.

In delivering its decision, the Fair Work Commission considered the evidence presented by both parties and the statutory criteria for approving an enterprise agreement. The Commission found that the agreement, while not perfect, did meet the legislative requirements and was fair and reasonable in its terms. The Commission was satisfied that the agreement provided for a fair and reasonable rate of pay and conditions for employees, and that it met the better off overall test. The Commission noted that while there were some areas of concern raised by the respondents, these did not outweigh the overall benefits of the agreement to the parties involved.

The Fair Work Commission approved the Qube Logistics Harefield Intermodal Terminal Enterprise Agreement 2017, finding it to be fair and reasonable and in compliance with the statutory requirements. The approval was effective from the date of the decision, providing certainty for both Qube Logistics and its employees regarding the terms of their employment under the new agreement.

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