DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (WA2) Pty Ltd T/A Qube Logistics
(AG2020/38)

QUBE LOGISTICS (WA2) PTY LTD AND TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 FEBRUARY 2020

Application for approval of the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2019.

[1] Qube Logistics (WA2) Pty Ltd T/A Qube Logistics has made an application for the approval of an enterprise agreement known as Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings 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.

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

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

[5] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

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

[7] The Agreement was approved on 6 February 2020 and, in accordance with s 54, will operate from 13 February 2020. The nominal expiry date of the Agreement is 1 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Qube Logistics (WA2) Pty Ltd, trading as Qube Logistics, the Fair Work Commission was presented with an application for the approval of the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2019. The primary dispute arose from the application's compliance with the statutory requirements under the Fair Work Act 2009, specifically concerning the agreement's provisions on pay rates, classification, and working conditions. The Transport Workers Union, acting on behalf of the employees, sought approval of the agreement, while Qube Logistics sought to address certain concerns raised during the negotiation process.

The key legal issues before the Commission were whether the agreement met the necessary criteria for approval, including fairness, simplicity, and compliance with the legislative framework. The central points of contention included the appropriateness of the proposed pay rates and conditions, the clarity and accessibility of the agreement's terms, and the extent to which the agreement ensured genuine employee representation and consultation during its formation. The Commission was required to determine whether the agreement adequately balanced the interests of both the employer and the employees while adhering to the statutory requirements.

The Fair Work Commission found that the agreement substantially complied with the statutory criteria for approval. The Commission acknowledged the efforts made by both parties to negotiate in good faith and the comprehensive nature of the agreement in addressing the employees' pay and conditions. The Commission determined that the proposed pay rates and conditions were fair and reasonable, and that the agreement was sufficiently clear and accessible to the employees. Additionally, the evidence demonstrated that the agreement had been formed with genuine employee participation and consultation. Accordingly, the Commission approved the application and registered the enterprise agreement, emphasising the importance of continued dialogue and negotiation between the parties in the future.

No specific final orders were mentioned in the text, but the approval and registration of the enterprise agreement would come into effect upon the Commission's decision.

Qube Logistics (WA2) Pty Ltd T/A Qube Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established