DECISION

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

DGL (Australia) Pty Ltd
(AG2015/1182)

DGL (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT (WAREHOUSING OPERATIONS) VICTORIA 2013-2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 29 MAY 2015

Application for approval of the DGL (Australia) Pty Ltd Enterprise Agreement (Warehousing Operations) Victoria 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Australia) Pty Ltd Enterprise Agreement (Warehousing Operations) Victoria 2013 - 2016 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 June 2015. The nominal expiry date is 26 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by DGL (Australia) Pty Ltd for approval of the DGL (Australia) Pty Ltd Enterprise Agreement (Warehousing Operations) Victoria 2013-2016. The applicant sought the Fair Work Commission's (FWC) approval of the enterprise agreement, which had been negotiated with its employees. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for being considered a lawful enterprise agreement.

The legal issues before the FWC involved determining if the agreement satisfied the statutory criteria under the Fair Work Act, including whether it provided for a fair and reasonable terms and conditions of employment, and if it had been genuinely negotiated. The FWC also needed to consider whether the agreement met the requirements of the Australian Industrial Relations Commission Act 1996 and if it complied with the relevant industrial instruments.

The FWC found that the agreement met all the necessary statutory requirements and was genuinely negotiated. The FWC observed that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the relevant industrial instruments. The FWC also found that the agreement was not contrary to public policy and was in the public interest. The FWC approved the agreement, noting that it provided for a fair and reasonable terms and conditions of employment and met the necessary requirements for being considered a lawful enterprise agreement.

The FWC approved the DGL (Australia) Pty Ltd Enterprise Agreement (Warehousing Operations) Victoria 2013-2016 and made an order 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