| [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
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
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)
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
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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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
- AGLC
- Qube Logistics (Sb) Pty Ltd Trading AS Qube Logistics [2025] FWCA 1361
- Case
- [2025] FWCA 1361
- Decision Date
CaseChat Overview and Summary
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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