The Distribution and Logistics Company Pty Limited Summary

[2023] FWCA 1

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Distribution and Logistics Company Pty Limited

(AG2022/5306)

THE DISTRIBUTION AND LOGISTICS COMPANY PTY LIMITED ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 JANUARY 2023

Application for approval of The Distribution and Logistics Company Pty Limited Enterprise Agreement 2023

The Distribution and Logistics Company Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as The Distribution and Logistics Company Pty Limited Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

The Australian Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 3 January 2023 and, in accordance with s 54, will operate from 10 January 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Distribution and Logistics Company Pty Limited, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement. This application followed a dispute involving employees regarding terms and conditions of employment. The Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for minimum wages and conditions, and whether it adhered to procedural requirements. The Commission examined whether the agreement had been fairly negotiated and if it contained the necessary provisions for employee entitlements, such as minimum wage rates, leave provisions, and dispute resolution mechanisms. Furthermore, the Commission assessed whether the requisite majority of employees had been consulted and whether the agreement had been appropriately notified to the Commission.

In reaching its decision, the Commission found that the proposed agreement met all statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment, including compliance with minimum wage rates and adequate provisions for employee leave. The Commission also confirmed that the agreement had been fairly negotiated and that the requisite majority of employees had been consulted. Consequently, the Commission approved the enterprise agreement, acknowledging its alignment with the objectives of the Fair Work Act 2009.

The final order of the Commission was to approve the The Distribution and Logistics Company Pty Limited Enterprise Agreement 2023, effective from the date of approval. The Commission's decision ensured that the agreement would be binding on both the employer and the employees, providing a clear framework for their employment relationship moving forward.

The Distribution and Logistics Company Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established