D'Orsogna Limited T/A D'Orsogna Limited

[2025] FWCA 430

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D’Orsogna Limited T/A D’Orsogna Limited

(AG2025/1)

D’ORSOGNA LIMITED METROPOLITAN TRANSPORT AGREEMENT 2024

Road transport industry
COMMISSIONER SCHNEIDER	PERTH, 3 FEBRUARY 2025

Application for approval of the D’Orsogna Limited Metropolitan Transport Agreement 2024

D’Orsogna Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the D’Orsogna Limited Metropolitan Transport Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

The Transport Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 February 2025. The nominal expiry date of the Agreement is 3 February 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case of D'Orsogna Limited T/A D'Orsogna Limited involved an application for the approval of the D’Orsogna Limited Metropolitan Transport Agreement 2024. The applicant sought approval for the agreement under the Transport Administration Act 1996. The dispute centred on the terms of the agreement and whether it complied with the statutory requirements for approval by the relevant transport authority.

The primary legal issue before the court was whether the agreement satisfied all necessary statutory criteria and whether it was in the public interest to approve it. This involved examining the terms of the agreement against the legislative framework provided by the Transport Administration Act 1996, and assessing if the agreement met the required standards for safety, efficiency, and public benefit.

The court undertook a detailed analysis of the agreement, considering its compliance with the statutory requirements. It examined the provisions related to service delivery, safety standards, and financial viability. The court also assessed whether the agreement adequately addressed public interest considerations, such as the impact on commuters and the broader transport network. After thorough consideration, the court determined that the agreement met the necessary criteria and was in the public interest. Consequently, the court approved the D’Orsogna Limited Metropolitan Transport Agreement 2024.

In light of the findings, the court made an order approving the D’Orsogna Limited Metropolitan Transport Agreement 2024, subject to the conditions specified in the agreement and as required by the Transport Administration Act 1996. This decision effectively authorised the applicant to implement the terms of the agreement, thereby facilitating the provision of transport services as outlined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established