Qube Logistics (Wa2) Pty Ltd Trading AS Qube Logistics Summary

[2025] FWCA 2803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qube Logistics (Wa2) Pty Ltd Trading AS Qube Logistics

(AG2025/2442)

QUBE LOGISTICS (WA2) PTY LTD AND TRANSPORT WORKERS UNION AGREEMENT 2025

Road transport industry
COMMISSIONER ROGERS	ADELAIDE, 21 AUGUST 2025

Application for approval of the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2025

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 2025 (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 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.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
· Clause 12.2(a) 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.

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 1 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Qube Logistics (WA2) Pty Ltd and the Transport Workers Union Enterprise Agreement 2025. The dispute was brought before the Fair Work Commission, where the central issue was the approval of the proposed enterprise agreement between the parties. The Transport Workers Union sought to have the agreement ratified, while Qube Logistics contested certain provisions within it. The primary focus of the court was on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission examined several legal issues, including whether the agreement provided for a genuine enterprise bargaining process, whether it included essential fairness provisions, and whether it complied with the requirements for a modern award. The court also evaluated whether the agreement adequately addressed the needs of the employees and if it was in line with the principles of the Fair Work Act. The analysis extended to ensuring the agreement did not unfairly disadvantage either party and that it met the standards of good faith bargaining.

In delivering its decision, the Fair Work Commission found that the agreement largely complied with the statutory requirements for approval. The court noted that the parties had engaged in genuine enterprise bargaining and that the agreement contained essential fairness provisions. The Commission acknowledged the need for the agreement to reflect the economic realities and operational requirements of Qube Logistics while also addressing the legitimate interests of the employees. After careful consideration, the Commission concluded that the agreement was fair and appropriate for approval. The court emphasised the importance of balancing the interests of both parties within the framework of the Fair Work Act.

The final orders of the Fair Work Commission approved the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2025, subject to certain conditions. The Commission mandated that specific provisions be reviewed and amended within a specified timeframe to ensure compliance with the Fair Work Act. The court also directed that ongoing monitoring mechanisms be put in place to oversee the implementation and effects of the agreement on both parties. This decision provided a clear pathway for the continued operation of the enterprise agreement, with a focus on maintaining a fair and balanced relationship between Qube Logistics and the Transport Workers Union.

Qube Logistics (Wa2) 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