Shane Willuweit

Case •

[2023] FWCA 112

•

12 JANUARY 2023
[2023] FWCA 112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Shane Willuweit

(AG2022/5274)

DGL WAREHOUSING AND DISTRIBUTION PTY LTD ENTERPRISE AGREEMENT (NSW WAREHOUSE-DRIVERS) NSW 2022 - 2025

Road transport industry

 DEPUTY PRESIDENT BOYCE

SYDNEY, 12 JANUARY 2023

Application for approval of the DGL Warehousing and Distribution Pty Ltd Enterprise Agreement (NSW Warehouse-Drivers) NSW 2022 - 2025

  1. An application has been made for approval of an enterprise agreement to be known as the DGL Warehousing and Distribution Pty Ltd Enterprise Agreement (NSW Warehouse-Drivers) NSW 2022 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mr Shane Willuweit, State Manager of DGL Warehousing and Distribution Pty Ltd, on behalf of the company (Employer). The Agreement is a single enterprise agreement. 

Undertakings 

  1. The Employer has provided written undertakings dated 9 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement. 

Conclusion 

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

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. 

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2023. The nominal expiry date of the Agreement is 5 August 2025. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518863  PR749601>

Annexure A

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