Qube Logistics (Vic) Pty Ltd

[2023] FWCA 2709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Qube Logistics (Vic) Pty Ltd

(AG2023/2698)

Qube Logistics Victoria Workplace Agreement 2023
[AE521255]

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 24 AUGUST 2023

Application for approval of the Qube Logistics Victoria Workplace Agreement 2023

Qube Logistics (Vic) Pty Ltd (Employer) has applied under s.185 of the Fair Work Act 2009 (Act) for approval of the Qube Logistics Victoria Workplace Agreement 2023 (Agreement). The Agreement is a single enterprise agreement.

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

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2023. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by Qube Logistics (Vic) Pty Ltd for the approval of a single enterprise agreement, the Qube Logistics Victoria Workplace Agreement 2023. The Transport Workers’ Union of Australia, a bargaining representative, had indicated its desire for the agreement to cover its members. The Deputy President of the Fair Work Commission, Gostencnik, was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application sought approval under section 185 of the Act and was accompanied by written undertakings from the employer, which were reviewed to ensure they did not result in financial detriment to employees or substantial changes to the agreement.

The primary legal issues before the Deputy President involved verifying that the agreement complied with the statutory requirements outlined in sections 186, 187, 188, and 190 of the Fair Work Act 2009. Specifically, the Deputy President had to determine if the agreement met the criteria for approval, including whether it provided for minimum terms and conditions, and if it was free from provisions that were contrary to public policy or otherwise unenforceable. Additionally, the Deputy President assessed the written undertakings provided by the employer to ensure they did not undermine the integrity of the agreement or cause detriment to employees.

Upon reviewing the application and the accompanying written undertakings, the Deputy President concluded that the agreement met all the statutory requirements for approval. The Deputy President found that the written undertakings provided by the employer would not cause financial detriment to employees and would not result in substantial changes to the agreement. Therefore, these undertakings were deemed to be a term of the agreement. The Deputy President also noted that the Transport Workers’ Union of Australia had provided notice of its intent for the agreement to cover its members, as required by section 183 of the Act. Consequently, the Deputy President approved the agreement, which will operate from 31 August 2023 until its nominal expiry date of 31 August 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established