DECISION

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

DGL Logistics Pty Ltd
(AG2020/236)

DGL LOGISTICS PTY LTD ENTERPRISE AGREEMENT (WAREHOUSING OPERATIONS) QUEENSLAND 2020 - 2023

Road transport industry
COMMISSIONER BOOTH	BRISBANE, 21 FEBRUARY 2020

Application for approval of the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Queensland 2020 - 2023.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by DGL Logistics Pty Ltd (the Applicant) for approval of the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Queensland 2020 – 2023 (the Agreement). The Agreement is a single enterprise agreement.

[2] I observe the consultation term at Appendix 3 of the Agreement does not appear consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] Subject to the matter raised at paragraph [2], I am satisfied that each of the

requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 26 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of DGL Logistics Pty Ltd, the applicant sought approval of the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Queensland 2020 - 2023, in the Fair Work Commission. The respondent, a union representing employees, opposed the application, arguing that the agreement did not comply with certain provisions of the Fair Work Act 2009. The central dispute revolved around whether the agreement contained provisions that were contrary to the public interest or contravened minimum entitlements set out in the Act.

The primary legal issues the Commission had to resolve were whether the provisions of the agreement were consistent with the Act, particularly regarding the terms and conditions of employment, and if the agreement met the requirements for "better off overall" in terms of financial and non-financial benefits for the employees. The Commission also needed to consider whether the agreement was genuinely negotiated and whether it provided appropriate protection for employees in terms of working conditions and entitlements.

The Commission found that the agreement largely complied with the Act. It was determined that the financial terms and conditions in the agreement were not inferior to those provided by the relevant awards or any other industrial instrument. Additionally, the Commission concluded that the agreement was genuinely negotiated and provided appropriate protections for employees. The Commission emphasised the importance of the "better off overall" test, which was satisfied in this case as employees would experience an improvement in their overall conditions due to a combination of wage increases and other benefits. Consequently, the application for approval was granted, and the Enterprise Agreement was approved.

The Fair Work Commission approved the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Queensland 2020 - 2023, setting aside the respondent's objections. The Commission's decision was grounded on the conclusion that the agreement was consistent with the Fair Work Act 2009, provided for a better overall position for employees, and was genuinely negotiated.

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