Qube Logistics (Wa) Pty Ltd Trading AS Qube Logistics

[2025] FWCA 2805

[2025] FWCA 2805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (Wa) Pty Ltd Trading AS Qube Logistics

(AG2025/2443)

QUBE LOGISTICS (WA) PTY LTD TRANSPORT AND WAREHOUSING AGREEMENT 2024

Road transport industry
COMMISSIONER ROGERS	ADELAIDE, 21 AUGUST 2025

Application for approval of the Qube Logistics (WA) Pty Ltd Transport and Warehousing Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the the Qube Logistics (WA) Pty Ltd Transport and Warehousing Agreement 2024 (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 Trading as Qube Logistics (the Applicant). The Agreement is a single enterprise agreement.

1. The copy of the Agreement filed with the application for approval did not contain a signature page in the terms required by s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). A copy of the Agreement with an amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment of the application pursuant to s.586(a) of the Act.

1. The Applicant has provided written undertakings, a copy of which is attached in Annexure A. 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.

1. 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.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• Clause 14.2(a) of the Agreement does not provide an entitlement to any other day or part-day declared or prescribed as required by s.115(1)(b) of the Act.

• Clause 9.6(v) provides that if an employee fails to give or work out the appropriate notice, the Company may withhold monies, due to the Employee for the period or balance of notice required. The effect of this clause is it appears to permit the employer to withhold monies owing to the employee under the NES (such as accrued but unused annual leave or long service leave on termination or redundancy payments). This raises the issue that clause. 9.6.6 may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

1. Noting clause 6.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. 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.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 28 August 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

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<AE530156  PR790947>

Annexure A