DGL Warehousing & Distribution Pty Ltd Summary

[2022] FWCA 4418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DGL Warehousing & Distribution Pty Ltd

(AG2022/5157)

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

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 DECEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the DGL Warehousing & Distribution Pty Ltd Enterprise Agreement (Warehousing Operations) Victoria 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DGL Warehousing & Distribution Pty Ltd. The Agreement is a single enterprise agreement.

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

The United Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2022. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DGL Warehousing & Distribution Pty Ltd was the subject of an application for the approval of an enterprise agreement under the Fair Work Act 2009. The agreement was proposed for the warehousing operations in Victoria for the period 2022-2025. The applicant, DGL Warehousing & Distribution Pty Ltd, sought approval from the Fair Work Commission to ensure that the terms of the agreement were in line with the legislative framework for enterprise bargaining.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act, including provisions for minimum entitlements, dispute resolution, and procedural fairness. The Commission needed to assess if the agreement adhered to the statutory criteria for approval, particularly in terms of ensuring that the agreement did not have the effect of undermining the safety net of minimum standards provided by the Act. Additionally, the Commission examined whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the legislation.

The Fair Work Commission determined that the proposed enterprise agreement was consistent with the provisions of the Fair Work Act. The Commission found that the agreement provided for appropriate minimum entitlements, included a fair and effective dispute resolution process, and was made in good faith. The Commission was satisfied that the agreement did not undermine the safety net of minimum standards and that all procedural requirements had been met. Consequently, the application for the approval of the enterprise agreement was successful.

The Fair Work Commission approved the DGL Warehousing & Distribution Pty Ltd Enterprise Agreement (Warehousing Operations) Victoria 2022-2025, effective from the date of the decision. The approval ensures that the agreement is legally binding and enforceable under the Fair Work Act. The decision highlights the importance of ensuring that enterprise agreements comply with legislative requirements to protect the interests of both employers 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