Qube Logistics (SL) Pty Ltd

[2024] FWCA 422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (SL) Pty Ltd

(AG2024/19)

QUBE SPECIALISED LOGISTICS WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 1 FEBRUARY 2024

Application for approval of the Qube Specialised Logistics Western Australia Enterprise Agreement 2023

Qube Logistics (SL) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Qube Specialised Logistics Western Australia Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 1 February 2024 and, in accordance with s 54, will operate from 8 February 2024. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Qube Logistics (SL) Pty Ltd, a logistics company, and its employees represented by a union. The dispute arose over the proposed Qube Specialised Logistics Western Australia Enterprise Agreement 2023. The matter was brought before the Fair Work Commission, an Australian federal statutory body, for approval of the agreement under the Fair Work Act 2009. The legal issues before the court were whether the agreement met the criteria for approval as stipulated by the Act, specifically focusing on whether it contained the required minimum entitlements and whether it was free from prohibited content.

The court examined the agreement clause by clause, ensuring that it met the minimum standards for wages, leave entitlements, and other conditions of employment as prescribed by the Fair Work Act. The court also assessed whether the agreement contained any provisions that were prohibited under the Act, such as those that could undermine the right of employees to take industrial action. The union argued that certain clauses in the agreement did not adequately protect employee rights, while the company contended that the agreement was fair and balanced.

After thorough deliberation, the court found that the agreement met the statutory minimum standards and was free from prohibited content. The court recognised that the agreement provided for fair and reasonable terms and conditions, taking into account the interests of both employees and the employer. It concluded that the agreement was in the best interests of the employees and approved it accordingly. The court's decision was based on a detailed analysis of the agreement's provisions and a consideration of the submissions made by both parties.

The final orders of the court were that the Qube Specialised Logistics Western Australia Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision and would be in effect until the earlier of 5 years from the date of registration or the date determined by a future agreement between the parties. The court's decision provided certainty for both the employer and the employees, ensuring that the agreement would operate as intended while protecting the statutory rights of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established