DHL Express (Australia) Pty Limited

[2014] FWCA 2169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DHL Express (Australia) Pty Limited
(AG2014/535)

DHL EXPRESS NSW COURIER ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 3 APRIL 2014

Application for approval of the DHL Express NSW Courier Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express NSW Courier Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DHL Express (Australia) Pty Limited (the company). The Agreement is a single-enterprise agreement.

[2] The company has provided written undertakings in relation to the consultation term at clause 5 of the Agreement and to the superannuation provisions at clause 21 of the Agreement. The three Employee Bargaining Representatives listed in the Employer’s Form F16 were provided with an opportunity to respond to the undertaking and The Transport Workers’ Union of Australia - New South Wales Branch (TWU) has provided written support for the undertakings.

[3] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 10 April 2014. The nominal expiry date is three years from the date of commencement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of DHL Express (Australia) Pty Limited, the Fair Work Commission was tasked with approving a proposed enterprise agreement, specifically the DHL Express NSW Courier Enterprise Agreement 2014. The agreement was put forward by DHL Express (Australia) Pty Limited, the employer, and the Retail, Wholesale and Department Store Employees’ Union, the employee representative. The union sought approval for the agreement on behalf of its members employed as couriers by the company.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections concerning the protection of employees' rights and interests. This included ensuring the agreement did not disadvantage employees and provided for fair terms and conditions of employment. The union argued that the agreement appropriately balanced the interests of both parties and complied with the relevant legislative provisions. DHL Express (Australia) Pty Limited, on the other hand, contested several provisions, arguing they were not in the best interests of the employees or the business.

The Fair Work Commission carefully examined the provisions of the proposed agreement and considered submissions from both parties. It found that the agreement did not disadvantage employees and provided for fair terms and conditions of employment. The Commission noted the union's argument that the agreement appropriately balanced the interests of both parties and found merit in the union's submission that the provisions were necessary to ensure the long-term viability of the business and the protection of employee rights. The Commission approved the DHL Express NSW Courier Enterprise Agreement 2014, confirming its compliance with the Fair Work Act 2009.

The Commission's decision to approve the agreement was based on a detailed analysis of the provisions and the submissions of both parties. It concluded that the agreement was fair and did not disadvantage employees. The approval of the agreement ensures that the terms and conditions of employment for the union members are protected and that the business can operate with a clear framework for employment relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established