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

[2022] FWCA 3811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3811)

Qube Specialised Logistics Western Australia Enterprise Agreement 2021

Road transport industry
COMMISSIONER SCHNEIDER	PERTH, 28 OCTOBER 2022

Application for approval of the Qube Specialised Logistics Western Australia Enterprise Agreement 2021

Qube Logistics (WA) Pty Ltd T/A Qube Specialised Logistics (the Applicant) has made an application for the approval of an enterprise agreement known as the Qube Specialised Logistics Western Australia Enterprise Agreement 2021 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Transport Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

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 Specialised Logistics, sought approval of the Qube Specialised Logistics Western Australia Enterprise Agreement 2021. The application was contested by the Maritime Union of Australia, representing the employees. The primary dispute centred on the terms and conditions outlined in the proposed agreement, particularly regarding wages, hours of work, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement complied with the relevant legislative requirements under the Fair Work Act 2009. This included assessing if the agreement had been made in good faith, whether it provided for the fair and efficient resolution of workplace disputes, and if it met the criteria for "single interest" and "no disadvantaging" employees. Furthermore, the Commission had to determine if the agreement provided appropriate protections for employees, including minimum wage rates, leave entitlements, and procedural fairness provisions.

The Fair Work Commission determined that the proposed agreement largely complied with the statutory requirements. The Commission found that the agreement was made in good faith, provided for the fair and efficient resolution of workplace disputes, and met the "single interest" and "no disadvantaging" criteria. The Commission also found that the agreement provided appropriate protections for employees, including minimum wage rates and leave entitlements. However, the Commission made several modifications to the agreement, including adjustments to procedural fairness provisions to ensure they met the necessary standards. The Commission concluded that the agreement, with these modifications, would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the Qube Specialised Logistics Western Australia Enterprise Agreement 2021, subject to the modifications made by the Commission. The approval was effective from the date of the decision, and the modified agreement was to be implemented accordingly.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established