Application for approval of the Qube Logistics (SA1) Pty Ltd South East Drivers and the TWU Enterprise Agreement 2024.

[1] An application has been made for approval of an enterprise agreement known as the Qube Logistics (SA1) Pty Ltd South East Drivers and the TWU Enterprise Agreement 2024 (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 (SA1) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] I note that the following clause in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• Abandonment of employment: Clause 36 of the Agreement provides that the employer may end employment without notice due to abandonment of employment. This is inconsistent with s.123 of the Act, where an employer cannot automatically terminate an employee who appears to have abandoned their employment without a notice of termination in accordance with s.117 of the Act.[1]

[5] Noting Clause 4.2 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.

[6] 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.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 25 December 2025. The nominal expiry date of the Agreement is 30 June 2028.

[1] Bienias v Iplex Pipelines Australia Pty Limited [2017] FWCFB 38, [58])

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