DGL Warehousing and Distribution Pty Ltd

Case [2023] FWCA 2173
[2023] FWCA 2173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DGL Warehousing and Distribution Pty Ltd

(AG2023/2067)

DGL WAREHOUSING AND DISTRIBUTION PTY LTD ENTERPRISE AGREEMENT (WAREHOUSING OPERATIONS) BRISBANE 2023 – 2026

Road transport industry

COMMISSIONER MCKINNON

SYDNEY, 14 JULY 2023

Application for approval of the DGL Warehousing and Distribution Pty Ltd Enterprise Agreement (Warehousing Operations) Brisbane 2023 - 2026

  1. DGL Warehousing and Distribution Pty Ltd has applied for approval of a single enterprise agreement known as the DGL Warehousing and Distribution Pty Ltd Enterprise Agreement (Warehousing Operations) Brisbane 2023 - 2026 (the Agreement).

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

  1. The Agreement is approved and will operate from 21 July 2023. The nominal expiry date of the Agreement is 3 May 2026.


COMMISSIONER

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Details
AGLC
DGL Warehousing and Distribution Pty Ltd [2023] FWCA 2173
Case
[2023] FWCA 2173
Decision Date

CaseChat Overview and Summary

DGL Warehousing and Distribution Pty Ltd, along with a number of its employees, applied to the Fair Work Commission for approval of their enterprise agreement. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 for minimum terms and conditions of employment. The Fair Work Commission was tasked with determining if the agreement provided for fair and reasonable terms and conditions.

The key legal issues addressed by the Commission included whether the agreement appropriately dealt with minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission also considered if the agreement contained provisions that were inconsistent with the Fair Work Act or any relevant national employment standards. Furthermore, the Commission had to ensure that the agreement was made in good faith and provided for the protection of employees' rights.

In delivering its decision, the Commission found that the proposed agreement met the necessary legislative criteria. The agreement was deemed to provide for fair and reasonable terms and conditions, with appropriate provisions for minimum wages, penalty rates, leave, and other employment conditions. The Commission concluded that the agreement was made in good faith and did not contain any provisions that were inconsistent with the Fair Work Act or national employment standards. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the DGL Warehousing and Distribution Pty Ltd Enterprise Agreement (Warehousing Operations) Brisbane 2023 - 2026, determining it to be fair and reasonable and compliant with the Fair Work Act 2009.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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