DECISION

Fair Work Act 2009
s.185—Enterprise agreement

David Barry Logistics Pty Ltd
(AG2017/3162)

DAVID BARRY LOGISTICS PTY LTD ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 OCTOBER 2017

Application for approval of the David Barry Logistics Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the David Barry Logistics Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by David Barry Logistics Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] The Agreement was approved on 12 October 2017 and, in accordance with s.54, will operate from 19 October 2017. The nominal expiry date of the Agreement is 19 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, David Barry Logistics Pty Ltd applied for approval of the David Barry Logistics Pty Ltd Enterprise Agreement 2017. The agreement was submitted by the employer, and the Transport Workers Union of Australia was the employee representative. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the application required the Commission to consider whether the agreement was fairly negotiated and met the minimum terms and conditions as prescribed by the Act.

The primary legal issues the Commission addressed were whether the agreement was made in good faith, covered the necessary bargaining terms, and did not discriminate against any class of employees. Additionally, the Commission examined whether the agreement provided for proper dispute resolution mechanisms and if it complied with the relevant minimum standards set by the Fair Work Act 2009. The Commission also needed to determine whether the agreement was made in accordance with any applicable award or registered agreement.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was fairly negotiated and met all legal requirements for approval. The Commission confirmed that the agreement included appropriate dispute resolution mechanisms and did not discriminate against any class of employees. Furthermore, it was determined that the agreement provided for terms and conditions that were at least equal to, or better than, the relevant award or registered agreement. Consequently, the application for approval of the David Barry Logistics Pty Ltd Enterprise Agreement 2017 was approved.

The Fair Work Commission approved the David Barry Logistics Pty Ltd Enterprise Agreement 2017, subject to the terms and conditions outlined in the agreement. The approval was effective from the date of the decision, and both parties were directed to comply with the terms of the approved agreement. The decision provided clarity and certainty for the employer and employees regarding their employment conditions and dispute resolution processes.

David Barry Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established