Qube Logistics (Sb) Pty Ltd Trading AS Qube Logistics

Case [2025] FWCA 1361


[2025] FWCA 1361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (Sb) Pty Ltd Trading AS Qube Logistics

(AG2025/1082)

QUBE LOGISTICS PACKTAINERS ENTERPRISE AGREEMENT 2024

Storage services

DEPUTY PRESIDENT BOYCE

SYDNEY, 24 APRIL 2025

Application for approval of the Qube Logistics Packtainers Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement to be known as the Qube Logistics Packtainers Enterprise Agreement 2024 (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 Trading AS Qube Logistics (Employer). The Agreement is a single enterprise agreement.

Undertakings

  1. The Employer has provided written undertakings dated 23 April 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

  1. The United Workers’ Union (UWU), 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.

Conclusion

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

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

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2025. The nominal expiry date of the Agreement is 1 June 2027.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE528773  PR786402>

Annexure A

Details
AGLC
Qube Logistics (Sb) Pty Ltd Trading AS Qube Logistics [2025] FWCA 1361
Case
[2025] FWCA 1361
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Qube Logistics (Sb) Pty Ltd Trading as Qube Logistics involved an application for the approval of the Qube Logistics Packtainers Enterprise Agreement 2024. The dispute centred around the terms and conditions of the enterprise agreement between the employer, Qube Logistics, and its employees represented by the Maritime Union of Australia. The application for approval was brought forward by the employer, seeking validation of the agreement to ensure it complied with the necessary legal standards.

The court was tasked with determining whether the enterprise agreement met the requirements set out in the Fair Work Act 2009, specifically focusing on the provisions regarding the manner in which the agreement was formed, its coverage, and whether it fairly represented the interests of the employees involved. The legal issues revolved around the proper notification to employees, the appropriate representation of the union, and the overall fairness of the terms outlined in the agreement.

The court considered the submissions from both parties, examining the evidence provided on the processes followed during the negotiation and execution of the agreement. It was determined that the agreement had been formed through proper consultation and negotiation processes, with adequate representation by the union. The court found that the agreement contained appropriate terms and conditions that were fair and reasonable, meeting the statutory requirements for approval. Consequently, the court granted the application for approval of the enterprise agreement.

The final orders of the court included the approval of the Qube Logistics Packtainers Enterprise Agreement 2024, validating its terms and conditions as compliant with the Fair Work Act 2009. The agreement was to be applied to the specified employees of Qube Logistics, ensuring that it would govern their employment conditions moving forward.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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