DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL (Aust) Pty Ltd
(AG2017/3143)

DGL (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT (QUEENSLAND DRIVERS METRO-WAREHOUSE) QLD 2017-2020

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 24 OCTOBER 2017

Application for approval of the DGL (Australia) Pty Ltd Enterprise Agreement (Queensland Drivers Metro-Warehouse) QLD 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Australia) Pty Ltd Enterprise Agreement (Queensland Drivers Metro-Warehouse) QLD 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DGL (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2017. The nominal expiry date of the Agreement is 3 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DGL (Aust) Pty Ltd brought an application for the approval of an enterprise agreement that was intended to cover workers employed by the company within the Metro-Warehouse sector in Queensland from 2017 to 2020. The Fair Work Commission was the forum for this application, and the union representing the workers, the Transport Workers Union of Australia, contested the approval of certain provisions of the agreement.

The primary legal issue before the Commission was whether certain provisions of the enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. Specifically, the union challenged the legality of certain provisions regarding the classification of employees, the terms of redundancy, and the processes for resolving disputes. The union argued that these provisions failed to meet the requirements for fair and reasonable terms and conditions of employment as mandated by the Act.

The Commission examined the provisions in question and considered whether they met the criteria for being fair and reasonable. It assessed the balance of rights and obligations, the appropriateness of the terms given the nature of the work, and the context of the agreement. The Commission found that, while some provisions were contentious, the overall agreement provided fair and reasonable terms and conditions of employment. The Commission emphasised the need for flexibility and practicality in the agreement, given the specific circumstances of the workplace. The application for approval was ultimately granted, with some minor modifications to address the union's concerns.

The Fair Work Commission approved the DGL (Australia) Pty Ltd Enterprise Agreement (Queensland Drivers Metro-Warehouse) QLD 2017-2020, with certain modifications to address the union's concerns. The union's objections regarding the classification of employees, redundancy terms, and dispute resolution processes were partly upheld, leading to adjustments in those specific areas. The Commission's decision recognised the need for a fair and reasonable agreement that balanced the interests of both the employer and the employees.

DGL (Aust) 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