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

[2022] FWCA 3480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3885)

QUBE SPECIALISED LOGISTICS QUEENSLAND ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER P RYAN	SYDNEY, 7 OCTOBER 2022

Application for approval of the Qube Specialised Logistics Queensland Enterprise Agreement 2021

Qube Logistics (SL) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Qube Specialised Logistics Queensland Enterprise Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Transport Workers’ Union (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the TWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 October 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Qube Logistics (SL) Pty Ltd, trading as Qube Specialised Logistics, sought approval for the Qube Specialised Logistics Queensland Enterprise Agreement 2021. The agreement was a subject of negotiation between the company and the Transport Workers Union of Australia, representing the employees. The primary dispute centred on the terms and conditions of employment, including wages, hours of work, and other workplace matters. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a genuine negotiation process, whether it contained appropriate safeguards for employee interests, and if it complied with the procedural requirements outlined in the Act. Additionally, the Commission had to consider whether the agreement met the minimum standards set by the National Employment Standards and if it was fair and reasonable in all its terms. The Commission needed to ensure that the agreement did not unfairly disadvantage any party and was consistent with the broader objectives of the industrial relations system.

The Commission found that the agreement had been negotiated in good faith and contained appropriate provisions for the employees' interests. It was determined that the agreement complied with the procedural requirements of the Act and did not contravene any minimum standards. The Commission concluded that the agreement was fair and reasonable, taking into account the economic circumstances and the need for a balanced approach between the parties. Consequently, the Commission approved the Qube Specialised Logistics Queensland Enterprise Agreement 2021.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established