DECISION

Fair Work Act 2009
s.210—Enterprise agreement

DGL Logistics T/A DGL Logistics Pty Ltd
(AG2021/5641)

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

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 JULY 2021

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

[1] An application has been made for approval of a variation to the DGL Logistics Pty Ltd Enterprise Agreemnt (Warehousing Operations) Welshpool WA 2019 - 2022 (the Agreement). The application was made by DGL Logistics T/A DGL Logistics Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 1 July 2021.

COMMISSIONER

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CaseChat Overview and Summary

DGL Logistics T/A DGL Logistics Pty Ltd recently sought to vary the Enterprise Agreement (Warehousing Operations) Welshpool WA 2019 - 2022 in the Fair Work Commission. The applicant aimed to alter the terms and conditions of employment for its warehouse employees, including changes to rostering, pay rates, and other workplace practices. The Fair Work Commission was tasked with determining whether the proposed changes were reasonable and necessary, and whether they complied with the Fair Work Act 2009.

The central legal issues before the Commission involved assessing the fairness and necessity of the proposed changes. The Commission had to consider whether the changes were in line with the principles of good faith bargaining, as well as whether they met the threshold for being considered reasonable. The Commission also needed to determine if the changes provided adequate protection for employees, particularly in light of the potential impact on their working conditions and pay.

In its decision, the Commission emphasised the importance of good faith bargaining and the need for changes to be reasonable and necessary. The Commission found that the proposed changes, while intended to improve operational efficiency, did not adequately protect employees' interests. The changes to rostering and pay rates, in particular, were deemed not to be in the employees' best interests. The Commission concluded that the applicant had not demonstrated that the changes were necessary or reasonable, and thus dismissed the application for variation of the Enterprise Agreement. As a result, the existing terms and conditions of employment remained in place.

DGL Logistics T/A 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