DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sean Read T/A DGL Logistics Pty Ltd
(AG2020/2496)

DGL LOGISTICS PTY LTD ENTERPRISE AGREEMENT (NSW WAREHOUSE-STOREMAN) NSW 2020 - 2023

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 15 SEPTEMBER 2020

Application for approval of the DGL Logistics Pty Ltd Enterprise Agreement (NSW Warehouse-Storeman) NSW 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the DGL Logistics Pty Ltd Enterprise Agreement (NSW Warehouse-Storeman) NSW 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sean Read T/A DGL Logistics Pty Ltd. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2020. The nominal expiry date of the Agreement is 23 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the DGL Logistics Pty Ltd Enterprise Agreement (NSW Warehouse-Storeman) NSW 2020 - 2023. The applicant, Sean Read trading as DGL Logistics Pty Ltd, sought to have the agreement approved as a modern award. The respondents included various unions and a union official. The central dispute was whether the proposed agreement complied with the relevant statutory requirements and provided for fair and reasonable terms and conditions for employees.

The primary legal issues addressed by the Commission involved whether the agreement met the criteria for approval under the Fair Work Act 2009. These criteria include ensuring that the agreement provides for fair and reasonable terms and conditions, including pay and conditions, and that it complies with any relevant national employment standards. The Commission also needed to determine whether the agreement provided for proper mechanisms for resolving workplace disputes and whether it was genuinely negotiated between the employer and the employees.

In reaching its decision, the Fair Work Commission examined the content and provisions of the agreement in detail. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and conditions that met or exceeded the relevant national employment standards. The Commission also found that the agreement contained appropriate mechanisms for resolving workplace disputes, including a clause for conciliation and arbitration. Additionally, the evidence presented demonstrated that the agreement had been genuinely negotiated between the employer and the employees. Given these findings, the Commission approved the agreement as a modern award. The approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by it for the specified period.

Sean Read T/A DGL 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