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[9]
austlii:cth/FWCA/2025/2803
General information, not legal advice.
FWCA
2025-08-21
Original judgment source is linked above.
s.185 - Enterprise agreement
Qube Logistics (Wa2) Pty Ltd Trading AS Qube Logistics
QUBE LOGISTICS (WA2) PTY LTD AND TRANSPORT WORKERS UNION AGREEMENT 2025
Application for approval of the Qube Logistics (WA2) Pty Ltd and Transport Workers Union Enterprise Agreement 2025
[1] 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.
[2] 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.
[3] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[4] 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.
[5] 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.
[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 28 August 2025. The nominal expiry date of the Agreement is 1 January 2028.
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