| [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
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
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
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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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
- AGLC
- Shane Willuweit [2023] FWCA 112
- Case
- [2023] FWCA 112
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the EA met the criteria for approval as a single interest employer agreement. This involved assessing whether the agreement complied with the requirements of the Act, including whether it provided for the rights and obligations of the parties and was in the interests of the drivers. The Commission also had to consider whether the EA was made in good faith and whether it complied with the provisions of the Act that required it to be made without undue interference by employers or unions.
The Commission found that the EA was made in good faith and without undue interference by either party. It also found that the EA complied with the requirements of the Act and provided for the rights and obligations of the parties. The Commission noted that the agreement contained provisions that were beneficial to the drivers, such as provisions for pay rates, leave entitlements, and dispute resolution. The Commission concluded that the EA was in the interests of the drivers and met the criteria for approval as a single interest employer agreement.
The Fair Work Commission approved the EA, which will now be registered as a single interest employer agreement under the Fair Work Act 2009. The drivers covered by the EA will now be entitled to the benefits and protections provided for in the agreement, and the applicant will be bound by the terms of the agreement. The Transport Workers Union of Australia's opposition to the application was unsuccessful.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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