DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DP World Australia Logistics Pty Ltd
(AG2021/16)

DP WORLD LOGISTICS ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2021

Application for approval of the DP World Logistics Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the DP World Logistics Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DP World Australia Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2021. The nominal expiry date of the Agreement is 18 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of DP World Australia Logistics Pty Ltd, the Fair Work Commission was asked to consider an application for the approval of the DP World Logistics Enterprise Agreement 2020. The applicant, DP World Australia Logistics Pty Ltd, sought the approval of the proposed agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements, including provisions on minimum wages, conditions, and dispute resolution mechanisms.

The legal issues before the Commission were primarily concerned with whether the proposed agreement met the formal requirements for an enterprise agreement under the Fair Work Act, including whether the agreement provided for minimum terms and conditions of employment, and whether it was free from prohibited content. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether the process for its negotiation and approval was procedurally fair.

The Commission found that the proposed agreement complied with the formal requirements of the Fair Work Act. It determined that the agreement provided for the minimum terms and conditions of employment and was free from prohibited content. Furthermore, the Commission was satisfied that the agreement was made in good faith and that the process for its negotiation and approval was procedurally fair. Consequently, the Commission approved the DP World Logistics Enterprise Agreement 2020.

The Fair Work Commission approved the DP World Logistics Enterprise Agreement 2020, effective from the date of the decision. The Commission’s approval ensures that the agreement will apply to the relevant employees, providing them with the terms and conditions outlined in the agreement. This decision upholds the statutory framework for enterprise agreements and ensures that the rights and obligations of both employers and employees are clearly defined.

DP World Australia Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established