DGL (Aust) Pty Ltd

[2014] FWCA 4489

FAIR WORK COMMISSION

DECISION

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

DGL (Aust) Pty Ltd
(AG2014/1372)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (STRAMIT QUEANBEYAN SITE 2013-2016)

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 7 JULY 2014

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Queanbeyan site 2013-2016).

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Queanbeyan site 2013-2016) (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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission received correspondence dated 25 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The Fair Work Commission heard an application by DGL (Aust) Pty Ltd for the approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Queanbeyan site 2013-2016). The dispute involved the terms of the proposed enterprise agreement and its implications for the employees working at the Stramit Queanbeyan site. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act, specifically sections 230 and 231, which pertain to the making of enterprise agreements. The Commission needed to assess whether the agreement was genuinely negotiated and whether it contained the minimum terms and conditions specified by the Act. Additionally, the Commission examined whether the agreement provided for a proper dispute resolution process and ensured procedural fairness for the employees.

In its decision, the Commission found that the agreement substantially complied with the requirements of the Fair Work Act. The Commission determined that the agreement was genuinely negotiated, included the necessary minimum terms and conditions, and provided for an effective dispute resolution process. The Commission highlighted that the agreement had been negotiated in good faith and involved meaningful consultation between the employer and the employees' representatives. The Commission also noted the procedural fairness mechanisms in place, ensuring that employees had an opportunity to be heard and to raise any concerns regarding the agreement. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the statutory requirements.

The Commission's final order was to approve the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Queanbeyan site 2013-2016) as it met the necessary legal criteria for approval under the Fair Work Act. This decision provided certainty and legal recognition to the terms and conditions outlined in the agreement, thereby facilitating industrial relations stability at the Stramit Queanbeyan site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established