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

[2022] FWCA 4196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4808)

Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 1 DECEMBER 2022

Application for approval of the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2022

Qube Logistics (WA2) Pty Ltd T/A Qube Logistics (the Applicant) has made an application for the approval of an enterprise agreement known as the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2022 (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.

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.

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.

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

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.

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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 1 December 2022 and, in accordance with s 54, will operate from 8 December 2022. The nominal expiry date of the Agreement is 1 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qube Logistics (WA2) Pty Ltd and the Transport Workers Union sought approval of their 2022 Enterprise Agreement. The case was heard by the Fair Work Commission, Australia’s independent national workplace relations tribunal. The applicants argued that the agreement was fair and reasonable for the employees covered by it, meeting the necessary requirements under the Fair Work Act 2009. The central legal issue before the Commission was whether the agreement complied with the criteria for an enterprise agreement under the Fair Work Act, including whether it was made in good faith and provided for a fair and reasonable rate of pay and conditions.

The Commission examined the submissions and evidence provided by the parties, including the terms of the agreement and the process by which it was negotiated. The Commission considered whether the agreement was made in good faith and provided for a fair and reasonable rate of pay and conditions for the employees. The Commission found that the agreement met the necessary requirements under the Act, including the good faith requirement, and provided for a fair and reasonable rate of pay and conditions for the employees. The Commission also considered the impact of the agreement on the employees and found that it was likely to have a positive effect on their working conditions and job security.

As a result, the Commission approved the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2022. The approval means that the agreement is now a legally binding contract between the employer and the employees, and sets out the terms and conditions of employment for the employees covered by the agreement. The approval also means that the agreement can be registered with the Fair Work Commission, which provides additional legal protection for the employees and ensures that the agreement is enforced. The final orders of the Commission were that the Enterprise Agreement be approved as a certified agreement under section 171 of the Fair Work Act 2009.

Qube Logistics (WA2) 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