DECISION

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

DGL Logistics Pty Ltd
(AG2020/1824)

DGL LOGISTICS PTY LTD ENTERPRISE AGREEMENT (DRIVERS METRO BRISBANE) QUEENSLAND 2020-2023

Road transport industry
COMMISSIONER HUNT	BRISBANE, 27 JULY 2020

Application for approval of the DGL Logistics Pty Ltd Enterprise Agreement (Drivers Metro Brisbane) Queensland 2020-2023.

[1] DGL Logistics Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the DGL Logistics Pty Ltd Enterprise Agreement (Drivers Metro Brisbane) Queensland 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings. I did not receive any correspondence from the employee bargaining representative to my chambers.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2020. The nominal expiry date of the Agreement is 6 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The applicants, DGL Logistics Pty Ltd, sought approval of an enterprise agreement concerning drivers in Metro Brisbane, with the Australian Industrial Relations Commission. The dispute arose from disagreements between the applicants and the union representatives regarding the terms and conditions of employment within the agreement. The application was heard in the Fair Work Commission, a body with jurisdiction over such matters under the Fair Work Act 2009 (Cth).

The key legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act, including provisions for employee protections and the process by which the agreement was negotiated. The Commission had to consider whether the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if the process leading to its formation was procedurally fair.

The Commission examined the negotiation process and found it to be conducted in good faith. It also assessed the content of the agreement to ensure it met the minimum standards set out in the Fair Work Act. The Commission concluded that the agreement complied with the statutory requirements and was procedurally fair. It approved the enterprise agreement, recognising its validity and enforceability.

The Fair Work Commission approved the enterprise agreement, finding it to be valid and enforceable. This decision confirmed the agreement's compliance with the Fair Work Act, including its negotiation process and content. The applicants were thereby authorised to implement the terms of the agreement as they related to drivers in Metro Brisbane.

DGL Logistics 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