DGL (Aust) Pty Ltd

Case [2013] FWCA 6533

[2013] FWCA 6533

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DGL (Aust) Pty Ltd
(AG2013/2605)

DGL (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS) ADELAIDE 2013-2016

Road transport industry

COMMISSIONER CARGILL

SYDNEY, 5 SEPTEMBER 2013

Application for approval of the DGL (Australia) Pty Ltd Enterprise Agreement (Stramit Operations) Adelaide 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Australia) Pty Ltd Enterprise Agreement (Stramit Operations) Adelaide 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DGL (Aust) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 12 September 2013. The nominal expiry date is 28 April 2016.

COMMISSIONER

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Details
AGLC
DGL (Aust) Pty Ltd [2013] FWCA 6533
Case
[2013] FWCA 6533
Decision Date

CaseChat Overview and Summary

DGL (Aust) Pty Ltd recently had its application for the approval of the DGL (Australia) Pty Ltd Enterprise Agreement (Stramit Operations) Adelaide 2013-2016 heard in the Fair Work Commission. The application was brought by the company, DGL (Aust) Pty Ltd, and the dispute involved the terms and conditions of employment for the workers in the Stramit Operations division of the company, based in Adelaide. The application was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The legal issues the court had to decide were primarily focused on whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the court had to consider whether the agreement met the "better off overall test," which requires that employees be no worse off financially and, in some cases, better off overall. The court also had to ensure that the agreement did not undermine the protection of employees' rights and entitlements as provided by the Fair Work Act and industrial instruments.

The Fair Work Commission found that the enterprise agreement complied with the better off overall test, as the workers would not be worse off financially and, in some cases, would be better off overall. The commission also found that the agreement did not undermine the protection of employees' rights and entitlements as provided by the Fair Work Act and industrial instruments. The commission approved the enterprise agreement, which will now govern the terms and conditions of employment for the workers in the Stramit Operations division of DGL (Aust) Pty Ltd in Adelaide until it expires in 2016.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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