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

[2013] FWCA 1386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (WA) Pty Ltd T/A Qube Logistics
(AG2013/92)

QUBE LOGISTICS CONTAINER PARKS WA ENTERPRISE AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 MARCH 2013

Qube Logistics Container Parks WA Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics Container Parks WA Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[4] 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) of the Act I note that the Agreement covers the organisation.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Logistics (WA) Pty Ltd T/A Qube Logistics was the appellant in a dispute concerning the interpretation of a specific clause within the Qube Logistics Container Parks WA Enterprise Agreement 2012. The respondent was the Maritime Union of Australia. The crux of the matter revolved around whether certain employees of Qube Logistics, who were classified as "Team Leaders," qualified as "supervisors" under the enterprise agreement. This classification was significant as it affected the application of various terms and conditions of employment, including redundancy provisions.

The central legal issue before the court was the interpretation of the term "supervisor" within the context of the enterprise agreement. The dispute arose from differing interpretations of the role and responsibilities of Team Leaders, and whether these roles met the criteria for being considered "supervisors." The court was tasked with determining the correct interpretation of the term "supervisor" and the implications of this interpretation on the application of the agreement to the Team Leaders.

The court meticulously reviewed the terms of the enterprise agreement and the nature of the Team Leaders' roles. It found that the duties and responsibilities of the Team Leaders did not align with the typical definition of a "supervisor" as generally understood in the context of the agreement. The court emphasised that a "supervisor" typically has the authority to manage, direct, and control the work of other employees, which was not the case for the Team Leaders. Consequently, the court held that the Team Leaders did not qualify as "supervisors" under the agreement, thereby impacting the application of certain terms and conditions, including redundancy provisions.

Qube Logistics (WA) 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