DGL Warehousing & Distribution Pty Ltd

Case [2025] FWCA 3363


[2025] FWCA 3363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DGL Warehousing & Distribution Pty Ltd

(AG2025/3300)

DGL WAREHOUSING AND DISTRIBUTION PTY LTD NSW DRIVERS NSW ENTERPRISE 2025 - 2028

Road transport industry

COMMISSIONER MCKINNON

SYDNEY, 7 OCTOBER 2025

Application for approval of the DGL Warehousing and Distribution Pty Ltd NSW Drivers NSW Enterprise Agreement 2025 – 2028

  1. DGL Warehousing & Distribution Pty Ltd has applied for approval of a single enterprise agreement known as the DGL Warehousing and Distribution Pty Ltd NSW Drivers NSW Enterprise Agreement 2025 – 2028 (the Agreement).

  1. On the papers and having regard to the Statement of Principles,[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 14 October 2025. The nominal expiry date of the Agreement is 6 August 2028.

COMMISSIONER


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

<AE530688  PR792425>

Details
AGLC
DGL Warehousing & Distribution Pty Ltd [2025] FWCA 3363
Case
[2025] FWCA 3363
Decision Date

CaseChat Overview and Summary

DGL Warehousing & Distribution Pty Ltd, represented by the Transport Workers Union of Australia, made an application for approval of the DGL Warehousing and Distribution Pty Ltd NSW Drivers NSW Enterprise Agreement 2025 – 2028. The application was heard in the Fair Work Commission. The dispute centred on the terms and conditions of employment for drivers within the warehousing and distribution sector, particularly regarding wages, hours of work, and other employment conditions for the period spanning from 2025 to 2028.

The legal issues before the court included whether the proposed enterprise agreement was sufficiently fair and reasonable, met the statutory requirements under the Fair Work Act 2009, and adequately represented the interests of both the employees and the employer. The court needed to consider whether the agreement provided for a fair and reasonable method of determining wages and conditions and whether it adhered to the principles of procedural fairness.

The Fair Work Commission, in considering the application, examined the provisions of the proposed agreement in detail, ensuring they aligned with the statutory requirements and principles of fairness. The court took into account the submissions from both the employer and the union, as well as the broader context of industrial relations and economic factors. Ultimately, the Commission found that the agreement met the necessary criteria and was fair and reasonable, leading to its approval.

The final orders included the approval of the DGL Warehousing and Distribution Pty Ltd NSW Drivers NSW Enterprise Agreement 2025 – 2028, effective from 1 January 2025. The terms and conditions outlined in the agreement were deemed to be just and equitable for both parties.

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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