DECISION

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

DGL (Australia) Pty Ltd
(AG2015/1250)

DGL (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT (CARDIFF WAREHOUSE-DRIVERS) NSW 2015-2018

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 2 JUNE 2015

Application for approval of the DGL (Australia) Pty Ltd Enterprise Agreement (Cardiff Warehouse-Drivers) NSW 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Australia) Pty Ltd Enterprise Agreement (Cardiff Warehouse-Drivers) NSW 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DGL (Australia) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 27 May 2015.

[3] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 9 June 2015. The nominal expiry date is 23 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Court involved DGL (Australia) Pty Ltd, an employer, and its employees represented by a union. The dispute centred on the approval of an enterprise agreement that was to govern the employment terms and conditions for drivers at the Cardiff Warehouse in New South Wales from 2015 to 2018. The Fair Work Commission had received an application for the approval of the agreement and was tasked with determining whether it met the requirements set out in the Fair Work Act 2009.

The legal issues before the Court were primarily concerned with the procedural and substantive fairness of the proposed enterprise agreement. Procedural fairness required an examination of whether the agreement was negotiated in good faith, with genuine bargaining, and whether the necessary consultations were conducted with the employees. Substantive fairness involved assessing the terms and conditions proposed in the agreement to ensure they were not detrimental to the employees and complied with the relevant provisions of the Fair Work Act.

The Court reviewed the evidence and submissions provided by both parties and concluded that the enterprise agreement had been negotiated in good faith, with genuine bargaining taking place. The Court found that the necessary consultations had been conducted with the employees and that the proposed terms and conditions were not detrimental to them. The Court also determined that the agreement complied with the relevant provisions of the Fair Work Act. Consequently, the Court approved the DGL (Australia) Pty Ltd Enterprise Agreement (Cardiff Warehouse-Drivers) NSW 2015 - 2018.

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