DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SL) Pty Ltd
(AG2019/219)

QUBE SPECIALISED LOGISTICS VICTORIA ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 27 MAY 2019

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

[1] Qube Logistics (SL) Pty Ltd has made an application for approval of an enterprise agreement known as Qube Specialised Logistics Victoria Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and accompanying statutory declaration, 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.

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

[5] The Agreement was approved on 27 May 2019 and, in accordance with s 54, will operate from 3 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (SL) Pty Ltd sought approval for the Qube Specialised Logistics Victoria Enterprise Agreement 2018 from the Fair Work Commission (FWC). The application was made under the Fair Work Act 2009, with the aim of having the agreement directly entered into the Register of Approved Agreements. The dispute centred around the conditions of employment for employees within the logistics sector, specifically those employed by Qube Logistics in Victoria.

The legal issues before the FWC included whether the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees, and whether the agreement adequately covered the terms and conditions of employment. Another key issue was whether the agreement was consistent with the national minimum standards set out in the Fair Work Act 2009. The FWC also considered the fairness of the agreement in terms of its impact on employees and the broader industry.

The FWC determined that the Qube Specialised Logistics Victoria Enterprise Agreement 2018 was fair and reasonable. The FWC found that the agreement provided an effective process for resolving disputes and covered the necessary terms and conditions of employment. The FWC also concluded that the agreement was consistent with the national minimum standards and did not have an adverse effect on employees or the industry. As a result, the FWC approved the agreement and ordered its registration on the Register of Approved Agreements.

Qube Logistics (SL) Pty Ltd was granted the approval it sought for the Qube Specialised Logistics Victoria Enterprise Agreement 2018, which will now be registered on the Fair Work Commission's Register of Approved Agreements. This decision ensures that the terms and conditions of employment for employees in the logistics sector will be governed by the agreed-upon agreement.

Qube Logistics (SL) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established