DGL (Aust) Pty Ltd

[2016] FWCA 8010

[2016] FWCA 8010

FAIR WORK COMMISSION

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