Dgl Warehousing & Distribution Pty Ltd Summary

[2025] FWCA 3181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dgl Warehousing & Distribution Pty Ltd

(AG2025/2922)

DGL WAREHOUSING AND DISTRIBUTION PTY LTD ENTERPRISE AGREEMENT (WAREHOUSING AND DRIVING OPERATIONS) WELSHPOOL WA 2025 - 2028

Road transport industry
COMMISSIONER SCHNEIDER	PERTH, 22 SEPTEMBER 2025

Application for approval of the DGL Warehousing and Distribution Pty Ltd Enterprise Agreement (Warehousing and Driving Operations) Welshpool WA 2025 - 2028

Dgl Warehousing & Distribution Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the DGL Warehousing and Distribution Pty Ltd Enterprise Agreement (Warehousing and Driving Operations) Welshpool WA 2025 - 2028 (the Agreement).

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. 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 section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings 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 sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 23.2 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 September 2025. The nominal expiry date of the Agreement is 6 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, DGL Warehousing & Distribution Pty Ltd, sought approval of an enterprise agreement. The agreement was intended to cover employees working in warehousing and driving operations at Welshpool, Western Australia, for the period from 2025 to 2028. The applicant argued that the agreement was fair and reasonable in all aspects.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the provisions of the Act, including the minimum rights and entitlements set out in the National Employment Standards.

The Commission examined the agreement's provisions, including those relating to wages, hours of work, leave entitlements, and other employment conditions. The Commission considered submissions from both the applicant and the employees' representatives, as well as any relevant legislation and case law. After careful consideration, the Commission found that the agreement was fair and reasonable, and it met all the requirements for approval under the Act.

The Commission approved the DGL Warehousing and Distribution Pty Ltd Enterprise Agreement (Warehousing and Driving Operations) Welshpool WA 2025 - 2028. The agreement was to be registered and would apply to the employees covered by it from 1 July 2025 until 30 June 2028. The decision was made in the interests of achieving a fair and efficient workplace, while also recognising the rights and interests of both the employer and employees.

Dgl Warehousing & Distribution Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established