DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Qube Logistics (SL) Pty Ltd T/A Qube Logistics
(AG2016/67)

QUBE SPECIALISED LOGISTICS QUEENSLAND ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 5 FEBRUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Qube Specialised Logistics Queensland 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 T/A Qube Logistics. The Agreement is a single-enterprise agreement.

[2] The application was made on 18 January 2016. The Form F17 Statutory Declaration filed with the application states that the Agreement was made on 21 December 2015. The application was not lodged within 14 calendar days of the Agreement being made, as required by s.185(3)(a) of the Act. The explanation provided in the Statutory Declaration is that the timing of the vote falling in the week prior to Christmas and the subsequent holiday period, and the posting of the Agreement from Sydney to Brisbane for signing, resulted in the application not being lodged within the 14 day timeframe. In accordance with s.185(3)(b), it is considered fair in all of the circumstances to extend the time for making of the application to 18 January 2016, the date the application was lodged.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 12 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Qube Logistics (SL) Pty Ltd, trading as Qube Logistics, applied for the approval of the Qube Specialised Logistics Queensland Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately addressed the interests of the employees and complied with the statutory requirements for enterprise agreements.

The central legal issue was whether the enterprise agreement provided genuine benefits to the employees and whether it complied with the procedural requirements for approval. The Fair Work Commission needed to assess the agreement's fairness, including whether it provided for the employees' minimum entitlements and whether it was made in good faith. Additionally, the Commission examined whether the necessary consultation processes had been followed and whether the agreement contained all the required provisions.

The Fair Work Commission found that the Qube Specialised Logistics Queensland Enterprise Agreement 2015 met the criteria for approval. The agreement was deemed to provide genuine benefits to the employees and complied with all statutory requirements. The Commission was satisfied that the agreement was made in good faith and that the consultation processes were followed. It was also determined that the agreement contained all the required provisions, including those relating to minimum entitlements. Consequently, the application for approval was successful.

The Fair Work Commission approved the Qube Specialised Logistics Queensland Enterprise Agreement 2015, effective from the date of the decision. The agreement was deemed to provide genuine benefits to the employees and to comply with all statutory requirements. The Commission found that the agreement met the criteria for approval and was made in good faith. The decision ensured that the agreement would be binding on the parties and enforceable under the Fair Work Act 2009.

Qube Logistics (SL) Pty Ltd T/A Qube Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established