| [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
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).
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.
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>
- AGLC
- DGL Warehousing & Distribution Pty Ltd [2025] FWCA 3363
- Case
- [2025] FWCA 3363
- Decision Date
CaseChat Overview and Summary
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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