DGL (Australia) Pty Ltd

[2017] FWCA 2334

[2017] FWCA 2334

FAIR WORK COMMISSION

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

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Annexure A