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

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

DGL Logistics T/A DGL Logistics Pty Ltd has applied to the Fair Work Commission for a variation of the DGL Logistics Pty Ltd Enterprise Agreement (Drivers Metro Brisbane) Queensland 2020-2023. The application is predicated on a claim that the current enterprise agreement is no longer appropriate due to significant changes in the operational and economic environment. The parties involved in the dispute are the employer, DGL Logistics, and the union representing the drivers, presumably a relevant transport or industrial union.

The primary legal issue before the commission was whether the changes in the operational and economic environment were sufficient to justify a departure from the existing enterprise agreement. This required the commission to consider whether the changes were unforeseen at the time the agreement was entered into and whether the agreement was no longer appropriate in light of those changes. Additionally, the commission had to assess the impact of the proposed variations on the drivers, including any potential adverse effects on their terms and conditions of employment.

The Fair Work Commission determined that the operational and economic environment had indeed changed significantly since the original agreement was made. The commission found that these changes were largely unforeseen and that the existing enterprise agreement was no longer appropriate. The commission also considered the impact of the proposed variations on the drivers, concluding that while some adverse effects were present, they were outweighed by the benefits of the variations. Consequently, the commission granted the application and made the orders sought by DGL Logistics.

The final orders include variations to the existing enterprise agreement to reflect the changes in the operational and economic environment. These variations encompass adjustments to pay rates, working conditions, and other terms and conditions of employment. The commission emphasised that the variations were necessary to ensure the continued appropriateness and effectiveness of the enterprise agreement in light of the significant changes that have occurred.

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