DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (WA) Pty Ltd T/A Qube Logistics
(AG2016/653)

QUBE LOGISTICS WEST AUSTRALIAN CONTAINER PARKS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROE	MELBOURNE, 4 MAY 2016

Application for approval of the Qube Logistics West Australian Container Parks Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics West Australian Container Parks Enterprise Agreement 2015 (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. 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 4 May 2016 and, in accordance with s.54, will operate from 11 May 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Qube Logistics (WA) Pty Ltd, trading as Qube Logistics, applied for approval of the Qube Logistics West Australian Container Parks Enterprise Agreement 2015. The application arose from negotiations between Qube Logistics and the Maritime Union of Australia. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for a fair and efficient workplace and adequately protected the rights of employees.

The central legal issue was whether the agreement provided for a fair and efficient workplace, as required by section 234 of the Fair Work Act. This involved assessing whether the agreement appropriately balanced the rights and obligations of both employers and employees, and whether it ensured a fair process for resolving workplace disputes. Additionally, the court examined whether the agreement adequately safeguarded employees' rights, particularly regarding pay rates, conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement met the necessary criteria for approval. It determined that the agreement provided for a fair and efficient workplace, as it incorporated provisions that balanced the interests of both parties and ensured that employees' rights were protected. The agreement's provisions on pay rates, working conditions, and dispute resolution mechanisms were deemed adequate to meet the requirements of the Act. Consequently, the Commission approved the agreement, finding that it was in the best interests of the employees and facilitated an efficient workplace.

The Fair Work Commission approved the Qube Logistics West Australian Container Parks Enterprise Agreement 2015, thereby finalising the application. The approval was based on the finding that the agreement met the statutory criteria for a fair and efficient workplace, ensuring adequate protection of employees' rights and interests.

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