Qube Logistics (Vic) Pty Ltd Summary

[2021] FWCA 6144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (Vic) Pty Ltd
(AG2021/7056)

QUBE LOGISTICS (VIC) PTY LTD WORKPLACE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT EASTON	SYDNEY, 6 OCTOBER 2021

Application for approval of the Qube Logistics (Vic) Pty Ltd Workplace Agreement 2020

[1] Qube Logistics (Vic) Pty Ltd (the Employer) has made an application for the approval of the Qube Logistics (Vic) Pty Ltd Workplace Agreement 2020 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

● Clause 12.8 – Uniform

● Clause 13 – Casual Conversion

● Clause 17.1 – Hours of Work

● Clause 18 – New Roster Arrangements

[6] Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Transport Workers’ Union of Australia (TWU) was a bargaining representative for the Agreement and 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 TWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2021. The nominal expiry date of the Agreement is 27 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (Vic) Pty Ltd applied to the Fair Work Commission for approval of the Qube Logistics (Vic) Pty Ltd Workplace Agreement 2020. The application was made pursuant to the Fair Work Act 2009 (Cth). The dispute primarily concerned the terms and conditions of employment as outlined in the proposed agreement and whether they met the statutory requirements for approval.

The legal issues before the Commission were whether the proposed agreement provided for a fair and reasonable system of employment, adhered to the provisions of the Fair Work Act, and complied with the general protections provisions of the Act. Specifically, the Commission had to determine if the proposed agreement satisfied the procedural fairness and substantive fairness requirements as mandated by the Act.

The Commission considered the submissions from both the applicant and the objectors, focusing on the specific terms of the agreement that were contested. It examined whether the agreement's provisions were fair and reasonable and whether they provided for a system of employment that was both procedurally and substantively fair. After reviewing the evidence and arguments presented, the Commission concluded that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement did not undermine the general protections provided by the Act and that it was fair and reasonable in its terms.

Accordingly, the Fair Work Commission approved the Qube Logistics (Vic) Pty Ltd Workplace Agreement 2020. The approval was granted on the basis that the agreement complied with the requirements of the Fair Work Act and provided a fair and reasonable system of employment.

Qube Logistics (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established