DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (WA) Pty Ltd T/A Qube Logistics
(AG2019/2453)

QUBE LOGISTICS WEST AUSTRALIAN CONTAINER PARKS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 5 SEPTEMBER 2019

Application for approval of the Qube Logistics West Australian Container Parks Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics West Australian Container Parks Enterprise Agreement 2018 (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 (WA) Pty Ltd T/A Qube Logistics. The Agreement is a single enterprise agreement.

[2] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2019. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Logistics (WA) Pty Ltd T/A Qube Logistics applied for approval of the Qube Logistics West Australian Container Parks Enterprise Agreement 2018. The applicant argued that the agreement should be approved as it was made in good faith and met the requirements of the Fair Work Act 2009. The application was heard by the Fair Work Commission.

The legal issues the court had to decide were whether the enterprise agreement was made in good faith and whether it complied with the provisions of the Fair Work Act 2009. The court had to consider whether the agreement was made following genuine bargaining between the employer and the employees, and whether it contained the necessary minimum terms and conditions of employment.

The court found that the enterprise agreement was made in good faith and met the requirements of the Fair Work Act 2009. The court was satisfied that the agreement was the result of genuine bargaining between the employer and the employees, and that it contained the necessary minimum terms and conditions of employment. The court approved the enterprise agreement, stating that it provided a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission approved the Qube Logistics West Australian Container Parks Enterprise Agreement 2018, stating that it was made in good faith and met the requirements of the Fair Work Act 2009.

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