Application for approval of the Qube Forestry Portland Enterprise Agreement 2025

[1] Qube Forestry Pty Ltd trading as Qube Forestry (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act), for approval of a single enterprise agreement known as the Qube Forestry Portland Enterprise Agreement 2025 (the Agreement).

[2] The Agreement contains a consultation provision at cl.38. However, the consultation provision does not provide for consultation relating to changes to an employee's regular roster or ordinary hours in addition to consultation on major change. In particular, it does not invite the employees to give their views about the impact of the change in relation to changes to regular hours of work, as required by s.205(1A)(b) of the Act or require the Employer to consider these views as required by s.205(1A)(c) of the Act. Under s.205(2), the Model Consultation Term is taken to be a term of the Agreement.

[3] The Agreement contain a delegates' rights provision at cl.40, but it is more restrictive than the delegates' rights terms in the relevant Timber Industry Award 2020 (the Award). Under s.205A(2) of the Act, the workplace delegates' rights term in cl.33A of the Award is taken to be a term of the Agreement.

[4] I raised that cl.25 of the Agreement, which provides that full-time employees are entitled to 20 days annual leave per annum, may be inconsistent with s.87(1) of the Act which specifies that an employee is entitled to 4 weeks of paid annual leave. The Employer provided an undertaking addressing this issue.

[5] I raised that cl.27.2 of the Agreement which provides for compassionate leave in certain circumstances, was inconsistent with s.104(1)(b) and (c) of the Act because it did not provide for compassionate leave for stillbirth/miscarriage. The Employer provided an undertaking addressing this issue.

[6] I raised that cl.10.5 of the Agreement provides that the Employer is not liable for redundancy payment if the Employer finds suitable alternative employment, whether or not that offer of suitable alternative employment is accepted, which may be inconsistent with s.120 of the Act. However, noting cl.2.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] 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. The undertakings are taken to be a term of the agreement.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2026. The nominal expiry date of the Agreement is 31 December 2028.

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