DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Logistics (WA2) Pty Ltd T/A Qube Logistics
(AG2016/104)

QUBE LOGISTICS (WA2) PTY LTD AND TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROE	MELBOURNE, 24 FEBRUARY 2016

Application for approval of the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2014 (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 (WA2) Pty Ltd T/A Qube Logistics. 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] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 24 February 2016 and, in accordance with s.54, will operate from 2 March 2016. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Qube Logistics (WA2) Pty Ltd, trading as Qube Logistics, applied to the Fair Work Commission for approval of the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2014. The Transport Workers Union was the registered bargaining representative for the employees involved in the dispute. The dispute concerned the terms and conditions of employment for employees within the scope of the proposed agreement. The matter was heard in the Fair Work Commission, an independent statutory body responsible for the resolution of workplace disputes and the regulation of workplace relations in Australia.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" (BOOT) as outlined in section 231 of the Act. This test requires that employees covered by the agreement be no worse off and at least one employee be better off overall as a result of the agreement, compared to their entitlements under the applicable award or safety net minimum terms and conditions. Additionally, the Commission needed to consider whether the agreement complied with the good faith bargaining requirements under section 227 of the Act.

In its decision, the Fair Work Commission found that the proposed enterprise agreement met the better off overall test, as it provided for a range of improvements to the employees' entitlements, including wage increases, changes to leave provisions, and the introduction of a new shift allowance. The Commission concluded that the agreement was the product of good faith bargaining between the parties, as evidenced by the extensive negotiations and compromises made during the bargaining process. As a result, the Commission approved the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2014.

The Fair Work Commission ordered that the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. The agreement came into effect on the date of the Commission's decision and applied to employees within the scope of the agreement. The decision provided certainty and clarity for both the employer and employees, ensuring that the terms and conditions of employment were governed by the approved enterprise agreement.

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