DECISION

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

Qube Logistics (WA) Pty Ltd T/A Qube Logistics
(AG2021/4270)

QUBE LOGISTICS WEST AUSTRALIAN CONTAINER PARKS ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 APRIL 2021

Application for approval of the Qube Logistics West Australian Container Parks Enterprise 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 West Australian Container Parks Enterprise 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] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (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 statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 9 April 2021 and, in accordance with s 54, will operate from 16 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Qube Logistics (WA) Pty Ltd applied for the approval of the Qube Logistics West Australian Container Parks Enterprise Agreement 2020. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it had been fairly negotiated, provided for the resolution of disputes, and was otherwise in the public interest. The Commission found that the agreement had been fairly negotiated and contained provisions for the resolution of disputes. It also considered that the agreement was in the public interest, as it provided for appropriate pay and conditions for employees while also ensuring that the employer could operate its business effectively. The Commission approved the agreement, subject to certain modifications to address minor technical issues.

The Fair Work Commission approved the Qube Logistics West Australian Container Parks Enterprise Agreement 2020, subject to certain modifications. The Commission found that the agreement met the requirements of the Fair Work Act 2009, including that it had been fairly negotiated and contained provisions for the resolution of disputes. The Commission considered that the agreement was in the public interest, as it provided for appropriate pay and conditions for employees while also ensuring that the employer could operate its business effectively. The Commission made certain modifications to the agreement to address minor technical issues, such as clarifying the scope of certain provisions and correcting typographical errors. Overall, the Commission was satisfied that the agreement was fair and reasonable, and in the public interest.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established