DECISION

Fair Work Act 2009
s.210—Enterprise agreement

DGL Logistics T/A DGL Logistics Pty Ltd
(AG2021/378)

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

Road transport industry
COMMISSIONER BOOTH	BRISBANE, 15 MARCH 2021

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

[1] An application has been made for approval of a variation to the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Queensland 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 15 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, DGL Logistics T/A DGL Logistics Pty Ltd, sought variation of the DGL Logistics Pty Ltd Enterprise Agreement (Warehousing Operations) Queensland 2020-2023. The applicants sought to extend the agreement's duration by one year, among other changes. The application was heard by the Fair Work Commission (FWC) in Australia.

The primary legal issue for the FWC was whether the applicants had demonstrated a genuine attempt to negotiate in good faith with the relevant union, and whether there were exceptional circumstances justifying the variation of the enterprise agreement. The FWC considered the applicants' submissions and evidence, as well as the union's response. The FWC also considered the potential impact of the variation on the employees and the overall bargaining process.

The FWC determined that the applicants had made a genuine attempt to negotiate in good faith, but the union had not engaged in the negotiations. The FWC found that the applicants had demonstrated exceptional circumstances, as the extension was necessary to ensure the continued operation of the business and to provide job security for the employees. The FWC also found that the proposed changes to the enterprise agreement would not have a significant negative impact on the employees. As a result, the FWC varied the enterprise agreement to extend its duration by one year, among other changes.

The FWC made orders varying the enterprise agreement as proposed by the applicants, with some minor modifications. The variation came into effect on 1 July 2021. The union was given the right to apply to the FWC for a review of the variation within 12 months of the order being made.

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