QUBE has sought an appeal with the Fair Work Commission after it ordered the logistics company to reinstate and back pay six workers dismissed in mid-2021.
QUBE Holdings has sought an appeal with the Fair Work Commission after it ordered the logistics company to reinstate and back pay six workers dismissed in mid-2021.
Those workers had been asked by a QUBE manager to cross a picket line and perform the work of stevedores at Fremantle Port amid protected industrial action by the Maritime Union of Australia.
They subsequently took legal action against the company in September, with FWC commissioner Bernie Riordan finding in their favour and agreeing that their dismissal was harsh, unjust and unreasonable.
QUBE, which had argued its request was lawful and reasonable, has since filed notices of appeal and is seeking an urgent interlocutory hearing for a stay of orders.
Daniel Stojanoski, senior associate of industrial and employment law at Slater & Gordon, argued the work the men were asked to perform was unsafe and that they felt uncomfortable with being asked to perform those duties given the industrial action taking place.
“We will continue to represent these six workers during the appeals process and continue to represent the rights of every worker who has been unfairly dismissed,” he said.
A representative for QUBE has been sought for comment.
News of QUBE's appeal follows on from the logistics business having pursued the MUA for damages following its decision to illegally strike at Port Botany in 2017.
QUBE in November was awarded $1.85 million as compensation.
