DGL Logistics T/A DGL Logistics Pty Ltd

[2021] FWCA 1324

[2021] FWCA 1324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

DGL Logistics T/A DGL Logistics Pty Ltd
(AG2021/379)

DGL LOGISTICS PTY LTD ENTERPRISE AGREEMENT (DRIVERS METRO BRISBANE) QUEENSLAND 2020-2023

Road transport industry
COMMISSIONER HUNT	BRISBANE, 12 MARCH 2021

Application for variation of the DGL Logistics Pty Ltd Enterprise Agreement (Drivers Metro Brisbane) Queensland 2020-2023.

[1] An application has been made by DGL Logistics T/A DGL Logistics Pty Ltd (the Employer) for variation of the DGL Logistics Pty Ltd Enterprise Agreement (Drivers Metro Brisbane) Queensland 2020-2023 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The Employer filed a Form F23 – Employer’s declaration in support of a variation of an enterprise agreement in support of the application, declared by Mr Travis Steinhardt, State Manager.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variation at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[4] I do not consider there any impediment to the Commission approving the variation to the Agreement. However, on allocation to my chambers I inquired of the Employer as to what it understood the effect of the variation to be; does the employer consider that in relevant circumstances, the employment comes to an end at the conclusion of the three days?

[5] The Employer advised it understands the effect of the variation to be if an employee is absent for a period exceeding three business days (without notification either via phone, email, or in person) then the workplace expects the employee has their abandoned employment.

[6] I encourage the Employer to have regard to the Full Bench decision in Abandonment of Employment [2018] FWCFB 139 in the event an employee covered by the Agreement is absent from work for a continuous period exceeding three working days without the consent of the Employer and without notification to the Employer.

[7] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 12 March 2021.

[8] The variation can be found at Annexure A of this decision. The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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Annexure A: