Qube Logistics (Wa) Pty Ltd Trading AS Qube Logistics Summary

[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

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.

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.

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.

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.

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.

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.

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 from 28 August 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, Qube Logistics (WA) Pty Ltd Trading as Qube Logistics applied for the approval of the Qube Logistics (WA) Pty Ltd Transport and Warehousing Agreement 2024. The agreement in question was made under section 188 of the Fair Work Act 2009. The dispute involved the terms of the agreement and its compliance with the legislative framework governing enterprise agreements.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections 172 and 173, which outline the procedural and substantive requirements for enterprise agreements. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith. The Commission also considered whether the agreement was consistent with the objects of the Act and the broader principles of industrial law.

The Commission examined the submissions from both Qube Logistics and the Maritime Union of Australia, which represented the employees. The Commission found that the agreement satisfied the procedural requirements as it was made in accordance with the Act. The substantive aspects of the agreement were also scrutinised to ensure they were fair and reasonable, taking into account the economic and operational context. The Commission concluded that the agreement provided adequate protections for employees and did not undermine the objects of the Act. Therefore, the Commission approved the agreement under section 188 of the Act.

Qube Logistics (Wa) Pty Ltd Trading AS Qube Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established