Transport Workers’ Union of Australia Summary

[2013] FWCA 5027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2013/7511)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS) VICTORIA 2013 - 2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 JULY 2013

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Victoria 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Victoria 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transport Workers’ Union of Australia (the TWU). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 23 July 2013 an undertaking was provided by Mr J West, Managing Director of DGL (Aust) Pty Ltd, in relation to clause 7 (Dispute Settlement Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The TWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2013. The nominal expiry date will be 31 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Transport Workers’ Union of Australia sought approval for the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Victoria 2013 - 2016. The agreement was to apply to employees who were classified as general workers, general labourers, and apprentices. The union argued that the agreement was fair and reasonable, while DGL (Aust) Pty Ltd contended that certain provisions were problematic, particularly those related to pay rates and conditions.

The central legal issues revolved around whether the agreement met the statutory criteria for being deemed "fair and reasonable" under the Fair Work Act 2009. Key among these issues were the provisions concerning pay rates, shift differentials, penalty rates, and the classification of employees. The commission had to determine if these provisions complied with the legal requirements and if they were fair and reasonable in the context of the parties' bargaining power and the broader economic environment.

The commission carefully reviewed the submissions and evidence provided by both parties. It considered the nature of the work, the bargaining positions of the parties, and the broader economic conditions. The commission found that the agreement, while containing some provisions that were not entirely satisfactory, was largely fair and reasonable. The provisions that did not meet the required standards were deemed to be outweighed by the overall fairness of the agreement. Consequently, the commission approved the agreement with minor modifications to address the identified issues.

Transport Workers’ Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established