DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL Logistics Pty Ltd
(AG2019/1089)

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

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Welshpool WA 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] 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 the employer, 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 Agreement was approved on 8 May 2019 and, in accordance with s.54, will operate from 15 May 2019. The nominal expiry date of the Agreement is 3 February 2022.

COMMISSIONER

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CaseChat Overview and Summary

The application for the approval of the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Welshpool WA 2019 - 2022 was brought before the Fair Work Commission. The dispute involved the terms of the enterprise agreement, which aimed to regulate employment conditions within the warehousing operations of DGL Logistics Pty Ltd. The primary concern centred on whether the agreement provided appropriate terms for the employees and complied with the relevant labour laws.

The key legal issues the Commission needed to address were whether the agreement satisfied the criteria for approval under the Fair Work Act 2009, specifically concerning the fairness and appropriateness of the terms and conditions outlined in the agreement. This included examining whether the agreement provided a safety net of minimum entitlements and whether it allowed for flexibility in the workplace, while also ensuring that it did not undermine the protection of workers' rights.

The Commission carefully reviewed the terms of the agreement, considering the submissions from both the employer and the employees. It assessed the balance between the parties' interests and the broader public interest. The Commission found that the agreement met the legislative requirements for approval, as it provided a fair and reasonable set of terms that protected the employees' interests while allowing for necessary flexibility in the operations of the business. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the statutory criteria.

The final order of the Commission was the approval of the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Welshpool WA 2019 - 2022, recognising it as meeting the necessary standards for fairness and compliance under the Fair Work Act 2009.

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