DGL (Australia) Pty Ltd

[2015] FWCA 4709

[2015] FWCA 4709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL (Australia) Pty Ltd
(AG2015/3161)

DGL (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS) MADDINGTON WA 2015-2018

Road transport industry
COMMISSIONER LEE	MELBOURNE, 13 JULY 2015

Application for approval of the Application for approval of the DGL (Australia) Pty Ltd Enterprise Agreement (Stramit Operations) Maddington WA 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Australia) Pty Ltd Enterprise Agreement (Stramit Operations) Maddington WA 2015 - 2018 (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, 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 Transport Workers’ Union of Australia being a bargaining representative for the Agreement, 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.

[6] The Agreement was approved on 13 July 2015 and, in accordance with s.54, will operate from 20 July 2015. The nominal expiry date of the Agreement is 5 July 2018.

COMMISSIONER

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ANNEXURE A