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

[2021] FWCA 6775

FAIR WORK COMMISSION

DECISION

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

Qube Logistics (WA) Pty Ltd T/A Qube Logistics
(AG2021/8022)

QUBE LOGISTICS (WA) PTY LTD (TRANSPORT AND WAREHOUSING) AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 NOVEMBER 2021

Application for approval of the Qube Logistics (WA) Pty Ltd (Transport and Warehousing) Agreement 2020

[1] Qube Logistics (WA) Pty Ltd T/A Qube Logistics has made an application for the approval of an enterprise agreement known as the Qube Logistics (WA) Pty Ltd (Transport and Warehousing) Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The TWU (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 19 November 2021 and, in accordance with s 54, will operate from 26 November 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Qube Logistics (WA) Pty Ltd, trading as Qube Logistics, applied to the Fair Work Commission for approval of the Qube Logistics (WA) Pty Ltd (Transport and Warehousing) Agreement 2020. The application arose from negotiations between the employer and the Transport Workers Union, which led to the creation of a proposed enterprise agreement. The dispute centred on the terms and conditions of employment for workers within the transport and warehousing sectors and the procedural fairness of the bargaining process.

The legal issues before the Commission included whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009 and whether the agreement met the requirements for approval under the Fair Work legislation. The Commission had to consider if the agreement had been fairly negotiated and if it provided for proper protections and entitlements for the employees covered by the agreement.

The Fair Work Commission found that the agreement was made in good faith and that the negotiation process was procedurally fair. The Commission also determined that the agreement provided for appropriate protections and entitlements for the employees. Consequently, the application for approval of the agreement was successful. The Commission approved the Qube Logistics (WA) Pty Ltd (Transport and Warehousing) Agreement 2020, which will now be applicable to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established