QUBE EA s217 Variation Appeal

On Tuesday 9 July 2024, a Full Bench of the Fair Work Commission heard QUBE’s Appeal to overturn the decision of Deputy President Cross that dismissed their s217 application to vary the 2015 and 2019 EAs to stifle the Union’s claim for penalty rates. 

A decision will be handed down in the next few weeks. Our legal team is otherwise happy with the preparation and conduct of the hearing and would like to thank barristers Herman Borenstein KC and Phil Boncardo for their hard work in defending this case so far. 

The focus now becomes the next bargaining meeting scheduled before Deputy President Saunders as part of our Intractable Bargaining application. This meeting is scheduled before the Deputy President on the 19 July 2024 in Newcastle. 

The ball is now in QUBE’s Court. Its time to get serious and either pay penalty rates or come up with an offer for a loaded rate that is fair and reasonable and comparable to other operators. 

As usual we will keep members posted as we progress. When the outcome of the Appeal is known it will be communicated to members and this outcome will largely inform how all cases presently on foot against the company will progress. Please speak to your local delegate should you have further questions. 

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