DECISION

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

DGL (Aust) Pty Ltd
(AG2016/5734)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS) QUEENSLAND 2015

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 6 OCTOBER 2016

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Queensland 2015.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Queensland 2015 (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 Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 13 October 2016. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DGL (Aust) Pty Ltd is the applicant, seeking approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Queensland 2015. The Fair Work Commission (FWC) was the body before which the matter was heard. The applicant and the respondent, Stramit Queensland Pty Ltd, are parties to an enterprise agreement, which seeks to regulate the terms and conditions of employment of Stramit Queensland Pty Ltd's employees. The application before the FWC required the approval of this enterprise agreement under the Fair Work Act 2009.

The central legal issue before the FWC was whether the enterprise agreement met the requirements of the Fair Work Act 2009, including the criteria for "better off overall" and "in the interests of the national system." The FWC had to determine if the agreement was made in good faith, if it covered the employees correctly, and if it complied with the "no disadvantage" test. Additionally, the FWC needed to ensure that the agreement was not contrary to public policy or any other legal requirements.

The FWC concluded that the enterprise agreement was made in good faith and met the "better off overall" test, as it provided employees with improved terms and conditions of employment compared to the applicable awards. The FWC found that the agreement was not contrary to public policy and did not contravene any other legal requirements. The FWC determined that the agreement was in the interests of the national system and approved the enterprise agreement.

The FWC approved the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Queensland 2015, effective from the date of the approval decision. The agreement now binds the parties and their employees, regulating the terms and conditions of employment in accordance with the approved 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