Application for approval of the Qube Logistics Rail Victorian Train Crew Enterprise Agreement 2025

[1] Qube Logistics (Rail) Pty Ltd has applied for approval of an enterprise agreement known as the Qube Logistics Rail Victorian Train Crew Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 14.1(d)(v) - Casual conversion

• Clause 16.5 - Leave

• Clause 25.2 - Cashing out annual leave

• Clause 26.1(a)(i) - Personal/carer's leave

• Clause 27(a) - Compassionate leave

[4] Clause 6.5 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[6] The Employer 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.

[7] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 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.

[8] Noting that clause 38 of the Agreement does not satisfy s 205A of the Act, the Agreement does not include a delegates rights term. Under s 205A(2) of the Act, the workplace delegates' rights term in Clause 27A of the Rail Industry Award 2020 [MA000015] is taken to be a term of the Agreement.

[9] Clause 10(g) - Deductions on termination provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324, and may be of no effect to the extent that it offends s 326 of the Act.

[10] The Australian Rail, Tram and Bus Industry Union (RTBU) 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 RTBU.

[11] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 March 2026.

[12] In accordance with clause 4(b), the nominal expiry date of the Agreement is 30 June 2029.

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