DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL (Australia) Pty Ltd
(AG2017/873)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (STRAMIT ERSKINE PARK SITE 2017 – 2020)

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 APRIL 2017

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Erskine Park site) 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Erskine Park site) 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DGL (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 15 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DGL (Australia) Pty Ltd is the applicant in an application before the Fair Work Commission (FWC) seeking approval of an enterprise agreement. The agreement pertains to the Stramit Erskine Park site, with the relevant period from 2017 to 2020. The dispute involves the terms and conditions of employment for employees at the Stramit Erskine Park site, specifically those outlined in the proposed enterprise agreement.

The central legal issues before the FWC were whether the enterprise agreement complied with the relevant statutory provisions and whether it met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for minimum entitlements, was fairly negotiated, and was free from any illegality or unfairness. Additionally, the FWC needed to determine if the agreement met the criteria for being a single, integrated agreement.

The FWC reviewed the negotiation process and the contents of the agreement to ensure compliance with the statutory framework. The Commission found that the agreement provided for minimum entitlements and was fairly negotiated. The FWC also confirmed that there were no illegalities or unfairness in the agreement. Given these findings, the FWC approved the enterprise agreement, determining that it met the necessary criteria for a single, integrated agreement and was in the best interests of the employees. The approval was granted, and the enterprise agreement was registered accordingly.

DGL (Australia) 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