DGL (Australia) Pty Ltd Summary

[2013] FWCA 10146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL (Australia) Pty Ltd
(AG2013/10477)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (STRAMIT ERSKINE PARK SITE) 2013-2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 23 DECEMBER 2013

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Erskine Park Site) 2013-2016.

[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) 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 ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2013. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, DGL (Australia) Pty Ltd, sought approval for the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Erskine Park Site) 2013-2016 from the Fair Work Commission. The primary nature of the dispute involved the interpretation and approval of the terms of the enterprise agreement, specifically regarding the fairness of certain provisions and compliance with the applicable legal framework. The case was heard in the Fair Work Commission, which has jurisdiction over matters related to enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the provisions of the enterprise agreement were fair and reasonable, and whether they complied with the statutory requirements set out in the Fair Work Act 2009. The Commission had to determine if the agreement appropriately balanced the interests of both the employer and the employees and whether it adhered to the principles of procedural fairness and good faith bargaining. The applicant argued that the agreement was fair and reasonable, while the respondent, who was not actively participating in the proceedings, did not raise specific objections.

The Fair Work Commission found that the provisions of the enterprise agreement were fair and reasonable, considering the context and the bargaining process that led to its creation. The Commission emphasised that the agreement reflected a genuine attempt to achieve a balance between the interests of the employer and the employees. The Commission also noted the procedural fairness in the bargaining process and the absence of any evidence suggesting bad faith. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the statutory requirements and its fairness to both parties involved.

The final orders of the Commission were to approve the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Erskine Park Site) 2013-2016, effective from the date of the decision. The approval was granted on the basis that the agreement met the criteria for fairness and compliance with the Fair Work Act 2009. The decision provided clarity on the terms of the agreement and confirmed its legal standing, ensuring that it would govern the employment conditions at the Stramit Erskine Park Site for the specified period.

DGL (Australia) Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established