DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (SL) Pty Ltd
(AG2016/1039)

QUBE SPECIALISED LOGISTICS VICTORIA ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Specialised Logistics Victoria 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 15 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

Qube Logistics (SL) Pty Ltd applied to the Fair Work Commission for the approval of the Qube Specialised Logistics Victoria Enterprise Agreement 2015. The application was brought before Commissioner Holmes, who was required to decide whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it complied with the provisions for enterprise agreements under Australian labour law. The dispute centred on the procedural fairness and the substantive fairness of the agreement, particularly regarding the changes to the employees' working conditions and the process by which the agreement was reached.

The court examined whether the agreement was made in good faith and whether it contained the necessary good faith elements, such as proper consultation and negotiation between the employer and the employees. It was also necessary to determine whether the agreement provided for a proper balance between the interests of the employer and the employees, particularly in light of the changes proposed in the agreement. Commissioner Holmes assessed the fairness of the agreement by considering the extent to which it complied with the procedural requirements and whether it contained appropriate safeguards for the employees' interests.

Commissioner Holmes concluded that the agreement was made in good faith and contained the necessary good faith elements. The agreement was deemed to provide a proper balance between the interests of the employer and the employees, and it complied with the procedural requirements of the Fair Work Act 2009. The Commissioner found that the changes proposed in the agreement were reasonable and necessary for the employer to remain competitive in the industry. The application for approval of the Qube Specialised Logistics Victoria Enterprise Agreement 2015 was subsequently approved.

The court ordered that the Qube Specialised Logistics Victoria Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would have effect from the date of the approval. The employees covered by the agreement were to be bound by its terms, and the employer was to comply with the provisions of the agreement. The decision was final and binding on the parties, and no further appeals were permitted.

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