DKR Logistics Pty Ltd
[2024] FWCA 1517
•26 APRIL 2024
| [2024] FWCA 1517 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DKR Logistics Pty Ltd
(AG2024/950)
DKR LOGISTICS ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| COMMISSIONER WILSON | MELBOURNE, 26 APRIL 2024 |
Application for approval of the DKR Logistics Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the DKR Logistics Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DKR Logistics Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 30 June 2023 and the Agreement was made on 13 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
The Transport Workers' Union of Australia in its Form F18 Declaration of an employee organisation in relation to an application for approval of an enterprise agreement raised several less beneficial Agreement terms and conditions or omitted Award terms and conditions. These include minimum engagement, cancellation of weekend and public holiday rostered shifts the day prior, notice requirements to vary or change regular starting times, breaks between shifts, meal and other breaks in accordance with fatigue management legislation or employer’s lawful direction, early shift start time, hand loading and hand unloading allowance, annual leave loading, public holidays and penalty rates and notice for termination of casual employees.
Despite raising these matters the union is of the view the Agreement passes the better off overall test. I am satisfied that the undertakings provided by the Applicant and the better off overall test margins are enough for me to be satisfied employees are better off overall under the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Transport Workers' Union of Australia 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 3 May 2024. The nominal expiry date of the Agreement is 26 April 2028.
COMMISSIONER
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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