DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/1650)

DGL (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT (WAREHOUSING OPERATIONS) VICTORIA 2016-2019

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 MAY 2017

Application for approval of the DGL (Australia) Pty Ltd Enterprise Agreement (Warehousing Operations) Victoria 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Australia) Pty Ltd Enterprise Agreement (Warehousing Operations) Victoria 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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.

[4] The Agreement was approved on 30 May 2017 and, in accordance with s.54, will operate from 6 June 2017. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the National Union of Workers, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question related to warehousing operations in Victoria and was between the applicant and the respondent, DGL (Australia) Pty Ltd. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the enterprise agreement was genuinely bargained between the parties, whether it provided for the fair treatment of employees, and whether it complied with the various statutory obligations set out in the Fair Work Act. The applicant argued that the agreement was fair and met all necessary criteria, while the respondent raised concerns about certain provisions, particularly those related to wages and working conditions.

The Fair Work Commission found that the enterprise agreement was indeed genuinely bargained and met the criteria for approval. The Commission held that the agreement provided for fair treatment of employees and did not contravene any provisions of the Fair Work Act. The Commission also noted that the agreement contained provisions that were necessary for the efficient operation of the business, and that these provisions did not unfairly disadvantage the employees. The Commission concluded that the agreement was in the best interests of the employees and approved the agreement.

As a result of the approval, the enterprise agreement will be registered and will apply to the employees covered by it. The agreement will remain in force until it is replaced by a new agreement or until it is terminated by the parties. The parties are bound by the terms of the agreement, and any disputes arising from the agreement will be resolved in accordance with its provisions.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established