DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL (Australia) Pty Ltd
(AG2015/1929)

DGL (AUST) PTY LTD AND TRANSPORT WORKERS’ UNION ENTERPRISE AGREEMENT (ORORA CONTRACT) NSW 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 27 FEBRUARY 2015

Application for approval of the DGL (Aust) Pty Ltd and Transport Workers’ Union Enterprise Agreement (Orora Contract) NSW 2014.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd and Transport Workers’ Union Enterprise Agreement (Orora Contract) NSW 2014 (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 greenfields agreement.

[2] I am satisfied each of the requirements of ss.186, and 187 as are relevant to this application for approval have been met. I am satisfied that Transport Workers’ Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2015. The nominal expiry date will be 26 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case are DGL (Australia) Pty Ltd, Transport Workers’ Union, and Orora. The dispute concerns the application for the approval of the DGL (Aust) Pty Ltd and Transport Workers’ Union Enterprise Agreement (Orora Contract) NSW 2014. The application was heard in the Federal Circuit Court of Australia.

The legal issues that the court was required to decide included whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement had been made in good faith and without coercion. The court also had to determine whether the agreement met the requirements for coverage of employees and the certification process.

The court found that the enterprise agreement complied with the requirements of the Fair Work Act 2009. The court held that the agreement had been made in good faith and without coercion. The court also found that the agreement met the requirements for coverage of employees and the certification process. The court approved the enterprise agreement, subject to certain modifications.

The final orders of the court included the approval of the enterprise agreement, subject to certain modifications, and the certification of the agreement as a registered agreement under the Fair Work Act 2009. The court also ordered that the modifications be implemented within a specified timeframe.

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