DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SL) Pty Ltd
(AG2016/1070)

QUBE SPECIALISED LOGISTICS WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Qube Specialised Logistics Western Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qube Specialised Logistics Western Australia Enterprise Agreement 2015 (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 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Qube Logistics (SL) Pty Ltd, the Fair Work Commission was tasked with considering the application for the approval of the Qube Specialised Logistics Western Australia Enterprise Agreement 2015. The dispute arose from negotiations between the employer and the employees represented by the Transport Workers Union of Australia, concerning the terms and conditions of employment under the proposed enterprise agreement. The crux of the matter involved the resolution of several contentious issues, including the classification of certain employee roles, the calculation of penalty rates, and the provisions for shift work and leave entitlements.

The central legal issues before the Commission included the interpretation of the relevant sections of the Fair Work Act 2009, ensuring that the agreement met the statutory requirements for being "protected action" and "genuine agreement," and whether the provisions of the agreement were fair and reasonable in all the circumstances. The Commission also had to consider whether the agreement provided for adequate protections and entitlements for employees, particularly in light of the specific operational demands and nature of the logistics industry.

The Commission meticulously reviewed the evidence and submissions presented by both parties, assessing the fairness and reasonableness of the proposed agreement. It found that the agreement was not only free from any coercive or unfair conduct but also provided a fair and reasonable basis for the employment relationship between the employer and employees. The Commission approved the agreement, recognising its balanced approach in addressing the interests of both parties, while ensuring that employees' rights and protections were adequately safeguarded.

Consequently, the Fair Work Commission granted its approval of the Qube Specialised Logistics Western Australia Enterprise Agreement 2015, thereby providing a legally binding framework for the employment terms and conditions of the relevant employees. The decision underscored the importance of maintaining a fair and reasonable agreement that reflects the specific needs of the industry and the mutual interests of employers and employees.

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