Qube Logistics (SL) Pty Ltd

[2019] FWCA 3871

[2019] FWCA 3871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SL) Pty Ltd
(AG2019/458)

QUBE SPECIALISED LOGISTICS QUEENSLAND ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 4 JUNE 2019

Application for approval of the Qube Specialised Logistics Queensland Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qube Specialised Logistics Queensland Enterprise Agreement 2018 (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 (SL) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

- 6.4;

- 13.1(a);

- 13.3(c); and

- 13.9(b).

[4] However, noting undertaking 2 provided by the Employer, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 4 June 2019 and, in accordance with s.54, will operate from 11 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A