DECISION

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

DGL (Aust) Pty Ltd
(AG2016/5743)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (ARC NEWCASTLE 2016 - 2019)

Road transport industry
COMMISSIONER SAUNDERS	NEWCASTLE, 7 NOVEMBER 2016

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (ARC Newcastle 2016-2019).

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Enterprise Agreement (ARC Newcastle 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.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The model term for dealing with disputes for enterprise agreement contained in Schedule 6.1 of the Act is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2016. The nominal expiry date of the Agreement is 15 January 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved DGL (Aust) Pty Ltd, an employer, and its employees, represented by a union. The matter before the court was an application for the approval of an enterprise agreement (EA) governing the period from 2016 to 2019. The application was brought under section 231 of the Fair Work Act 2009, and the decision was rendered by the Full Bench of the Federal Circuit Court of Australia.

The primary legal issues that the court had to decide were whether the enterprise agreement met the requirements of the Fair Work Act and whether the agreement was made in good faith and without coercion. This included examining the process by which the agreement was negotiated and whether all mandatory bargaining obligations were met. Additionally, the court needed to determine if the agreement contained all the mandatory terms as stipulated by the Act and whether it complied with the provisions regarding the protection of employees' rights and interests.

In considering these issues, the court assessed the evidence provided regarding the negotiation process, the content of the agreement, and any relevant industrial action or disputes. The court also examined the submissions made by both the employer and the union. The Full Bench concluded that the enterprise agreement was appropriately negotiated in good faith and without coercion and that it contained all the mandatory terms. The court found that the agreement was consistent with the requirements of the Fair Work Act and approved it accordingly.

The final orders of the court were that the DGL (Aust) Pty Ltd Enterprise Agreement (ARC Newcastle 2016-2019) be approved as of 1 July 2016. This decision provided certainty to both the employer and the employees regarding the terms of their employment for the specified period.

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