DECISION

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

DGL (Aust) Pty Ltd
(AG2017/821)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS) ADELAIDE 2016 - 2019

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 16 MAY 2017

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Adelaide 2016-2019.

[1] On 16 March 2017 DGL (Aust) Pty Ltd (Applicant) made an application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Adelaide 2016-2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee representative has indicated its acceptance of the undertakings.

[3] Subject to the undertakings referred to above, the Commission is 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] 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 May 2017. The nominal expiry date of the Agreement is 28 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, DGL (Aust) Pty Ltd, the employer, applied for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Adelaide 2016-2019. The applicant was represented by counsel and the Australian Manufacturing Workers Union was the only party to the agreement to appear and be heard. The union was represented by an industrial officer.

The dispute arose from the union's submission that the agreement did not meet the "better off overall test" under section 235 of the Fair Work Act 2009. The union submitted that the agreement did not provide employees with a "fair and reasonable" package of terms and conditions and that the agreement's provisions were not "reasonably appropriate" to the circumstances of the bargaining. The applicant argued that the agreement was fair and reasonable and that it provided employees with a "better off overall test" than they would have received if the agreement had not been made.

The Commission found that the agreement did not meet the "better off overall test". The Commission found that the agreement did not provide employees with a fair and reasonable package of terms and conditions and that the agreement's provisions were not reasonably appropriate to the circumstances of the bargaining. The Commission found that the agreement did not provide employees with a "fair and reasonable" package of terms and conditions and that the agreement's provisions were not "reasonably appropriate" to the circumstances of the bargaining. The Commission found that the agreement did not meet the "better off overall test".

The Commission did not approve the agreement.

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