Qube Logistics (SB) PTY LTD T/A Qube Logistics

[2018] FWCA 4528

[2018] FWCA 4528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SB) PTY LTD T/A Qube Logistics
(AG2018/1433)

QUBE LOGISTICS (NSW) - ROAD TRANSPORT ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 2 AUGUST 2018

Application for approval of the Qube Logistics (NSW) - Road Transport Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (NSW) - Road Transport 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] The Employer has provided written undertakings. A copy of the undertakings are attached in Annexure A. I am satisfied that the undertakings have been agreed to by the bargaining representatives. I am also satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are accepted and will now be taken to be a term of the Agreement.

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

[4] 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 lodged.

[5] 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.

[6] Pursuant to s.202(4) of the Act the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Applicant also advised that the Agreement that was lodged when the application was made contained some minor errors in clauses 2, 12.1.1 and 22.3.2. In addition, it did not contain the classification definitions found in clause 1.1.2 of the Transport Industry State Award (NSW) as stated in clause 10.1 of the Agreement. It accordingly requested that the Commission exercise the discretion available to it under s.586(a) of the Act to allow a correction or amendment to the Agreement so that it reads as actually intended. It is understood that this request has also been made known to the bargaining representatives and they do not object to what is being proposed.

[8] I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that these corrections are minor in nature only, and simply ensure that the Agreement accurately reflects what was agreed to by the parties and approved by the employees who voted to approve the Agreement.

[9] The Applicant has provided a revised copy of the Agreement that contains these corrections. It will now be published on the Commission’s website in place of the copy of the Agreement that was submitted to the Commission at the time the application was made.

[10] The Transport Workers’ Union of Australia and Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2018. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE429398  PR609621>

ANNEXURE A