DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Express (Australia) Pty Limited
(AG2017/1429)

DHL EXPRESS NSW COURIER ENTERPRISE AGREEMENT 2017

Industries not otherwise assigned
COMMISSIONER GREGORY	MELBOURNE, 15 MAY 2017

Application for approval of the DHL Express NSW Courier Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express NSW Courier Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DHL Express (Australia) Pty Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2017. The nominal expiry date of the Agreement is 15 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved DHL Express (Australia) Pty Limited and its employees, represented by the Australian Services Union (ASU). The dispute was regarding the approval of the DHL Express NSW Courier Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The Fair Work Commission was tasked with determining whether the agreement should be approved, which involved assessing whether the agreement was in the public interest and met the criteria set out in the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for terms and conditions that were fair and reasonable, and if it was free from any unlawful provisions. The Commission also had to assess whether the agreement was consistent with the national minimum safety net of terms and conditions and if it was likely to lead to improved productivity.

In its decision, the Commission emphasised the importance of ensuring that the agreement provided for fair and reasonable terms and conditions for the employees, while also taking into account the need for flexibility and competitiveness in the industry. The Commission noted that the agreement provided for a number of improvements for the employees, including increased pay rates, improved shift penalties, and better provisions for leave. The Commission was also satisfied that the agreement was consistent with the national minimum safety net of terms and conditions and that it was likely to lead to improved productivity. The Commission concluded that the agreement met the criteria for approval under the Fair Work Act 2009 and granted approval for the DHL Express NSW Courier Enterprise Agreement 2017.

As a result of the decision, the employees covered by the agreement will now receive the improved terms and conditions set out in the agreement. The decision provides certainty for both the employees and the employer and ensures that the agreement is fair and reasonable. The decision also reinforces the importance of enterprise agreements as a means of achieving improved terms and conditions for employees, while also taking into account the need for flexibility and competitiveness in the industry. The Fair Work Commission's decision provides a useful example of the factors that it will consider when assessing an application for approval of an enterprise agreement.

DHL Express (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established