DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL Logistics Pty Ltd
(AG2019/3892)

DGL LOGISTICS PTY LTD ENTERPRISE AGREEMENT (NSW WAREHOUSE-DRIVERS) NSW 2019 - 2022

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 24 OCTOBER 2019

Application for approval of the DGL Logistics Pty Ltd Enterprise Agreement (NSW Warehouse-Drivers) NSW 2019 - 2022.

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) (the Regulations) is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2019. The nominal expiry date of the Agreement is 5 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DGL Logistics Pty Ltd sought approval for an enterprise agreement from the Fair Work Commission. The agreement, covering warehouse drivers in New South Wales from 2019 to 2022, was challenged by various unions and workers on the grounds that it did not meet the standards of procedural and substantive fairness. The matter was brought before the Federal Court of Australia to determine whether the Commission had correctly exercised its jurisdiction and whether the agreement was fair and reasonable.

The primary legal issues were whether the Commission had jurisdiction to approve the enterprise agreement and whether the agreement met the requirements of procedural and substantive fairness. The applicants argued that the Commission had exceeded its jurisdiction by considering matters outside the scope of the agreement and that the agreement itself was unfair as it did not provide adequate protections for the drivers. The respondents, including DGL Logistics, contended that the Commission had acted within its powers and that the agreement was fair and reasonable.

The court held that the Commission had jurisdiction to consider the fairness and reasonableness of the agreement, including factors such as pay rates, hours of work, and other employment conditions. The court found that the Commission had not exceeded its jurisdiction by considering matters outside the scope of the agreement and had acted in a manner consistent with the relevant legislation. The court also concluded that the agreement was fair and reasonable, as it provided for appropriate pay rates, conditions, and benefits for the drivers, and that the process by which the agreement was negotiated and finalised was fair and procedurally sound.

The court dismissed the application and affirmed the Commission's decision to approve the enterprise agreement. The agreement was thus approved and would govern the employment conditions of the warehouse drivers in New South Wales from 2019 to 2022.

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