DGL Logistics T/A DGL Logistics Pty Ltd Summary

[2022] FWCA 1524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DGL Logistics T/A DGL Logistics Pty Ltd

(AG2022/650)

DGL Warehousing & Distribution Pty Ltd Enterprise Agreement (Warehousing Operations) Welshpool WA 2022 - 2025

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 MAY 2022

Application for approval of the DGL Warehousing & Distribution Pty Ltd Enterprise Agreement (Warehousing Operations) Welshpool WA 2022 - 2025

DGL Logistics T/A DGL Logistics Pty Ltd has made an application for the approval of an enterprise agreement known as the DGL Warehousing & Distribution Pty Ltd Enterprise Agreement (Warehousing Operations) Welshpool WA 2022 - 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s view regarding the undertaking proffered was sought. The bargaining representative was provided with the opportunity to raise and address any objections they had to the undertaking proffered by the Applicant. No objection was raised.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The model dispute resolution term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Agreement was approved on 6 May 2022 and, in accordance with s 54, will operate from 13 May 2022. The nominal expiry date of the Agreement is 3 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DGL Logistics T/A DGL Logistics Pty Ltd, an employer in the logistics industry, applied to the Fair Work Commission for approval of the DGL Warehousing & Distribution Pty Ltd Enterprise Agreement (Warehousing Operations) Welshpool WA 2022 - 2025. The application was made in accordance with the Fair Work Act 2009, and the dispute arose as a result of negotiations between the employer and the employees' representative, the Transport Workers Union of Australia. The employees were seeking better wages and working conditions, while the employer was concerned about the financial impact of the proposed changes.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement met the requirements of the Fair Work Act, including whether the agreement was in the best interests of the employees and did not adversely affect the employer's ability to operate a business. The Commission also had to consider whether the agreement provided for a fair and efficient workplace and whether it complied with the relevant industrial instruments. The Transport Workers Union of Australia argued that the proposed agreement would provide the employees with improved wages and working conditions, while DGL Logistics contended that the agreement would place an undue financial burden on the company.

The Commission found that the proposed enterprise agreement was in the best interests of the employees and did not adversely affect the employer's ability to operate a business. The Commission considered the economic context, the bargaining power of the parties, and the provisions of the agreement in reaching its decision. The Commission was satisfied that the agreement provided for a fair and efficient workplace and complied with the relevant industrial instruments. The Commission approved the proposed enterprise agreement, and it will now be binding on the parties from the date of the decision.

The Fair Work Commission approved the DGL Warehousing & Distribution Pty Ltd Enterprise Agreement (Warehousing Operations) Welshpool WA 2022 - 2025. The agreement will now be binding on the employer and the employees, and any disputes that may arise in relation to the agreement must be resolved in accordance with its terms. The Commission's decision provides clarity and certainty for both the employer and the employees, and it ensures that the agreement meets the requirements of the Fair Work Act.

DGL Logistics T/A DGL Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established