DGL (Aust) Pty Ltd Summary

[2013] FWCA 5235

FAIR WORK COMMISSION

DECISION

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

DGL (Aust) Pty Ltd
(AG2013/2103)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (WETHERILL PARK WAREHOUSE-STOREMEN) 2013-2016

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 2 AUGUST 2013

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Wetherill Park Warehouse-Storemen) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Enterprise Agreement (Wetherill Park Warehouse-Storemen) 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] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 25 July 2013.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 9 August 2013. The nominal expiry date is 22 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, DGL (Aust) Pty Ltd, applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement was proposed between the employer and the employees who were classified as storemen at the Wetherill Park warehouse. The dispute arose because the employer sought to make the agreement a registered instrument under the Fair Work Act 2009. The Fair Work Commission heard the application.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for registration as a modern award under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the mandated minimum terms and conditions, if it was free from prohibited content, and if it was made in good faith. The Commission also had to consider submissions from the employees and any other relevant stakeholders.

In delivering its decision, the Commission examined the contents of the proposed agreement against the legislative criteria. It found that the agreement contained all the required minimum terms and conditions and did not include any prohibited content. The Commission was satisfied that the agreement was made in good faith and that it did not undermine the protections provided by the relevant modern award. Consequently, the Commission approved the agreement, finding it to be compliant with the statutory requirements.

The Fair Work Commission approved the DGL (Aust) Pty Ltd Enterprise Agreement (Wetherill Park Warehouse-Storemen) 2013-2016 as a registered instrument under the Fair Work Act 2009. The agreement will now be binding on the parties and will replace any inconsistent terms in the relevant modern award.

DGL (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established