DECISION

Fair Work Act 2009
s.210—Enterprise agreement

DGL Logistics T/A DGL Logistics Pty Ltd
(AG2021/4341)

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

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 15 APRIL 2021

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

[1] An application has been made for approval of a variation to the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) SA 2020 - 2023 (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 15 April 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of DGL Logistics T/A DGL Logistics Pty Ltd, the applicant sought a variation of the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) SA 2020 - 2023. The applicant argued that the current enterprise agreement did not adequately reflect the economic and operational changes that have occurred since its inception, thus necessitating amendments to better align with the current market conditions. The Fair Work Commission was the tribunal that heard the case.

The primary legal issue before the Commission was whether the changes proposed by the applicant were necessary to ensure the enterprise agreement remained fair and reasonable in light of the economic and operational changes since the agreement's inception. The Commission also needed to determine whether the proposed changes were reasonable in terms of the principles of good faith bargaining and the need to maintain a fair balance between the interests of the employer and the employees.

The Fair Work Commission found that the economic and operational changes presented by the applicant warranted a variation to the enterprise agreement. The Commission concluded that the proposed changes were reasonable and necessary to ensure the agreement remained fair and reasonable. The Commission emphasised the importance of maintaining a good faith bargaining process and recognised the need for the agreement to reflect current market conditions. The Fair Work Commission approved the variation of the enterprise agreement, incorporating the proposed changes.

The Commission ordered the variation of the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) SA 2020 - 2023 to include the changes proposed by the applicant. The amended agreement is to be effective from the date of the Commission's decision and will remain in force until the next scheduled expiry date.

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