Qube Logistics (WA1) Pty Ltd T/A Qube Logistics Summary

[2023] FWCA 247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (WA1) Pty Ltd T/A Qube Logistics

(AG2022/5619)

QUBE LOGISTICS (WA1) PTY LTD TASMANIA CONTAINER PARKS ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 24 JANUARY 2023

Application for approval of the Qube Logistics (WA1) Pty Ltd Tasmania Container Parks Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Qube Logistics (WA1) Pty Ltd Tasmania Container Parks Enterprise 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 (Wa1) Pty Ltd T/A Qube Logistics. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 31 January 2023. The nominal expiry date of the Agreement is 24 January 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Logistics (WA1) Pty Ltd, trading as Qube Logistics, applied to the Fair Work Commission for approval of the Tasmania Container Parks Enterprise Agreement 2022. The applicants sought approval under section 231 of the Fair Work Act 2009, as a "registered agreement" to be a registered agreement. The dispute centred on whether the agreement met the criteria for registration, including its compliance with the Fair Work Act, and whether it was appropriately negotiated and certified by the Fair Work Commission. The court was tasked with determining whether the agreement was made in good faith, provided fair terms and conditions for employees, and was certified by a certified bargainer.

The court examined the negotiation process, the content of the agreement, and whether it met the statutory requirements. Key issues included whether the agreement was made in good faith, whether it was appropriately certified, and whether it provided fair terms and conditions for the employees. The court also considered whether there was sufficient evidence of the negotiation process and whether the agreement was appropriately certified by a certified bargainer. Additionally, the court assessed the overall fairness of the terms and conditions provided in the agreement.

The Fair Work Commission found that the negotiation process was conducted in good faith and that the agreement was appropriately certified. The court determined that the agreement met all statutory requirements, provided fair terms and conditions for the employees, and was appropriately negotiated. The Commission concluded that the agreement was made in good faith and was appropriately certified, and that it provided fair terms and conditions for the employees. The Commission approved the agreement as a "registered agreement" under section 176 of the Fair Work Act 2009.

The Fair Work Commission approved the Tasmania Container Parks Enterprise Agreement 2022 as a registered agreement, effective from the date of the approval. The court ordered that the agreement be registered and published on the Fair Work Commission's website. The decision was final and binding, and the agreement was to be treated as a registered agreement for all purposes under the Fair Work Act 2009.

Qube Logistics (WA1) 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