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

[2023] FWCA 2982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/3016)

QUBE LOGISTICS (WA) PTY LTD TRANSPORT AND WAREHOUSING AGREEMENT 2022

Road transport industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 14 SEPTEMBER 2023

Application for approval of the Qube Logistics (WA) Pty Ltd Transport and Warehousing Agreement 2022

An application has been made for approval of an enterprise agreement known as the Qube Logistics (WA) Pty Ltd Transport And Warehousing Agreement 2022 (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 (WA) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 20 September 2022 and the Agreement was made on 25 August 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Transport Workers' Union of Australia (TWU), who were a bargaining agent, expressed the view that the Agreement passes the BOOT.

The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Transport Workers' Union of Australia (TWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

Qube Logistics (WA) Pty Ltd applied to the Fair Work Commission for approval of a Transport and Warehousing Agreement 2022. The nature of the dispute involved the terms of the proposed agreement and its compliance with relevant industrial laws. The Commission heard the application and assessed the agreement to determine whether it met the necessary requirements for approval.

The legal issues the court was required to decide centred on whether the proposed agreement complied with the Fair Work Act 2009, particularly in terms of procedural fairness and the provisions for employees' rights and protections. The court also considered the balance between the rights of employers and employees and whether the agreement facilitated a fair and efficient workplace.

The Commission carefully reviewed the agreement and assessed it against the legal standards and benchmarks. The court found that the Transport and Warehousing Agreement 2022 did comply with the Fair Work Act 2009. The agreement was deemed to provide fair and reasonable terms for both employees and employers, and it appropriately balanced the interests of all parties involved. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Transport and Warehousing Agreement 2022, finding it to be compliant with the Fair Work Act 2009. The decision was made based on the agreement providing fair and reasonable terms for both employees and employers and effectively balancing the interests of all parties involved.

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