Qube Logistics (Vic) Pty Ltd T/A Qube Logistics Summary

[2017] FWCA 6711

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/3392)

Qube Logistics (Vic) Pty Ltd Workplace Agreement 2017

Road transport industry
Commissioner Harper-Greenwell	MELBOURNE, 14 DECEMBER 2017

Application for approval of the Qube Logistics (Vic) Pty Ltd Workplace Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Qube Logistics (Vic) Pty Ltd Workplace Agreement 2017 (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 (Vic) Pty Ltd T/A Qube Logistics. The Agreement is a single enterprise agreement.

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.

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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

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 was approved on 14 December 2017 and, in accordance with s.54, will operate from 21 December 2017. The nominal expiry date of the Agreement is 17 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (Vic) Pty Ltd, trading as Qube Logistics, sought approval for their Workplace Agreement 2017, which was subject to a dispute involving the Fair Work Commission (FWC). The central issue was whether the terms of the proposed agreement complied with the Fair Work Act 2009 and the principles of the Fair Work Act. The application for approval hinged on the interpretation and application of specific provisions of the Fair Work Act and the relevant industrial instruments.

The FWC was tasked with determining whether the proposed agreement was fair and reasonable and met the criteria set out in the Fair Work Act. This required careful consideration of the specific terms of the agreement, including those relating to employee entitlements, conditions of employment, and the process for resolving disputes. The FWC examined the application in light of broader principles of fairness and industrial relations policy, including the protection of employee rights and the promotion of productive and harmonious workplace relations.

After thorough deliberation, the FWC found that the proposed agreement was fair and reasonable. The Commission concluded that the agreement complied with the statutory requirements and did not disadvantage employees. The FWC's decision was based on its assessment that the agreement was balanced, offered adequate protections, and adhered to the overarching objectives of the Fair Work Act. The FWC approved the Workplace Agreement 2017, thereby resolving the dispute in favour of Qube Logistics.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established