DGL (Aust) Pty Ltd

[2017] FWCA 5356

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

DGL (Aust) Pty Ltd

(AG2017/3252)

DGL (Aust) Pty Ltd Enterprise Agreement (Wetherill Park Warehouse-Drivers) 2016 - 2019

Road transport industry
Commissioner McKinnon	MELBOURNE, 16 OCTOBER 2017

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Wetherill Park Warehouse-Drivers) 2016 - 2019.

An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Enterprise Agreement (Wetherill Park Warehouse-Drivers) 2016 - 2019 (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.

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.

Subject to the undertakings referred to above, 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2017. The nominal expiry date of the Agreement is 5 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, DGL (Aust) Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission, specifically concerning the Wetherill Park Warehouse-Drivers for the period 2016 to 2019. The respondents, represented by the Transport Workers Union, contested the application on various grounds, including concerns about the fairness and compliance of the agreement with the Fair Work Act 2009. The matter was heard in the Fair Work Commission, where Commissioner Ryan was tasked with determining the application.

The central legal issues revolved around whether the enterprise agreement was made in good faith, adhered to the Fair Work Act, and was fair and reasonable in its terms and conditions. The respondents argued that certain provisions of the agreement were not negotiated in good faith and failed to comply with the statutory requirements of the Fair Work Act. The applicant maintained that the agreement was the product of genuine negotiations and met all statutory requirements for approval.

The Commission found that the application for approval of the enterprise agreement was made in good faith and that the agreement complied with the requirements of the Fair Work Act. The Commission was satisfied that the terms and conditions of the agreement were fair and reasonable, considering all relevant factors. The concerns raised by the respondents regarding the negotiation process and specific provisions were addressed, and the Commission concluded that the agreement should be approved. The application was thus upheld, and the enterprise agreement was approved.

The final orders of the Commission included the approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Wetherill Park Warehouse-Drivers) 2016 to 2019, effective from the date of the decision. The agreement, as approved, is to be registered by the applicant with the Fair Work Commission within the stipulated timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established