DHL Express (Australia) Pty Limited

[2014] FWCA 2169

[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

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