DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qube Specialised Logistics Pty Ltd T/A Qube Specialised Logistics
(AG2020/2153)

QUBE SPECIALISED LOGISTICS WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 14 AUGUST 2020

Application for approval of the Qube Specialised Logistics Western Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qube Specialised Logistics Western Australia Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Specialised Logistics Pty Ltd T/A Qube Specialised Logistics. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2020. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Specialised Logistics Pty Ltd T/A Qube Specialised Logistics applied to the Fair Work Commission for the approval of the Qube Specialised Logistics Western Australia Enterprise Agreement 2018. The respondents, including the Transport Workers Union of Australia, opposed the application, raising concerns about the agreement's provisions regarding the classification of employees and the handling of overtime and shift penalties. The court was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly focusing on whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission assessed the agreement against the criteria outlined in the Fair Work Act. The court examined the classification of employees within the agreement and the provisions for overtime and shift penalties. The Commission determined that the agreement contained terms and conditions that were fair and reasonable, taking into account the principles of procedural fairness and the need to ensure that the agreement provided for proper classification of employees and equitable treatment regarding overtime and shift penalties. The Commission concluded that the agreement met the legislative requirements and approved the application.

In light of the approval, the Fair Work Commission made an order approving the Qube Specialised Logistics Western Australia Enterprise Agreement 2018 as a registered agreement under section 173 of the Fair Work Act 2009. The order was effective from the date of the Commission's decision, ensuring that the terms and conditions set out in the agreement would govern the employment of the relevant employees. The Commission's decision was based on a comprehensive analysis of the agreement's provisions and their compliance with the statutory requirements for enterprise agreements.

Qube Specialised Logistics Pty Ltd T/A Qube Specialised Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established