DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL (Aust) Pty Ltd
(AG2015/6288)

DGL (AUST) PTY LTD UNION COLLECTIVE AGREEMENT, 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 10 DECEMBER 2015

Application for approval of the DGL (Aust) Pty Ltd Union Collective Agreement, 2015.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Union Collective Agreement, 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DGL (Aust) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 December 2015. The nominal expiry date is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved DGL (Aust) Pty Ltd and its employees, represented by a union. The dispute centred around the approval of a Union Collective Agreement, dated 2015, which was intended to govern the terms and conditions of employment for the union members. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for registration under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Union Collective Agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement contained all the mandatory terms and conditions as required by the Act, and whether it was made in good faith and without any contravention of the Act. The Commission also had to ensure that the agreement did not discriminate against any group of employees and that it was negotiated fairly and in good faith.

In its decision, the Fair Work Commission examined the Union Collective Agreement clause by clause, ensuring that it adhered to the mandatory terms and conditions stipulated by the Fair Work Act. The Commission found that the agreement contained all the necessary provisions and was made in good faith, without any breaches of the Act. The Commission further determined that the agreement did not discriminate against any group of employees and was the result of fair and good faith negotiations. Consequently, the Commission approved the Union Collective Agreement, confirming its compliance with the Fair Work Act.

The final orders of the Commission mandated the registration of the Union Collective Agreement, allowing it to come into effect as a legally binding instrument governing the employment terms and conditions of the union members within DGL (Aust) Pty Ltd. The Commission's approval signified that the agreement met all necessary legal requirements, ensuring that it would operate effectively and fairly within the framework of the Fair Work Act.

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