DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL Logistics Pty Ltd
(AG2020/449)

DGL LOGISTICS PTY LTD ENTERPRISE AGREEMENT (WAREHOUSING OPERATIONS) VICTORIA 2019-2022

Road Transport Industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 4 MARCH 2020

Application for approval of the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Victoria 2019-2022.

[1] An application has been made for the approval of an enterprise agreement known as the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Victoria 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DGL Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of DGL Logistics Pty Ltd, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Workers Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the UWU, I note that the Agreement covers the UWU.

[4] The Agreement is approved and, in accordance with s.54, will operate from 11 March 2020. The nominal expiry date of the Agreement is 30 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DGL Logistics Pty Ltd, sought approval of an enterprise agreement with its employees, covered by the Warehousing Operations (Victoria) Award 2010. The application was made under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of section 233 of the Act. Specifically, the Commission needed to assess whether the agreement would provide for fair and reasonable terms and conditions of employment. This involved evaluating the agreement against the "better off overall test," which requires that employees be no worse off financially under the agreement than they would be under the applicable award.

The Commission considered the submissions from both DGL Logistics and the employees' representatives, examining the provisions of the agreement in light of the award. The key issues included whether the proposed changes to the terms and conditions, including pay rates, penalties, and hours of work, were fair and reasonable. The Commission also had to consider the implications of the agreement for employee entitlements and the overall fairness of the proposed changes. After careful consideration of the arguments and the evidence presented, the Commission determined that the proposed agreement met the better off overall test and approved the application.

Consequently, the Fair Work Commission approved the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Victoria 2019-2022. This decision ensures that the terms and conditions of employment as set out in the agreement will apply to the employees covered by the Warehousing Operations (Victoria) Award 2010, subject to the conditions of approval. The agreement is now registered and enforceable, providing a framework for the employment relationship between DGL Logistics and its employees for the specified period.

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