DHL Express (Australia) Pty Limited Summary

[2013] FWCA 10239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Express (Australia) Pty Limited
(AG2013/10522)

DHL EXPRESS NSW OPERATIONS AGENT ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 31 DECEMBER 2013

Application for approval of the DHL Express NSW Operations Agent Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express NSW Operations Agent Enterprise Agreement 2013 (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] On 24 December 2013 undertakings were provided by the Company’s Business HR Manager, Ms S Elms, in relation to clause 5 (Consultation) and clause 8 (Grievance and dispute resolution) of the Agreement. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia, 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2014. The nominal expiry date of the Agreement is 6 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of DHL Express (Australia) Pty Limited, the Fair Work Commission was asked to decide on the approval of the DHL Express NSW Operations Agent Enterprise Agreement 2013. The dispute arose between DHL Express (Australia) Pty Limited and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the union). The union sought to have the agreement approved under the Fair Work Act 2009, asserting that it met the requirements for being a “low paid” enterprise agreement and thus eligible for the simplified agreement-making process. DHL Express contested the union's claim that the agreement was for low-paid employees and argued that the agreement did not meet the necessary criteria.

The central legal issue before the commission was whether the agreement constituted a "low paid" enterprise agreement as defined under the Fair Work Act. This required the court to consider the definition of low-paid employees and whether the majority of employees covered by the agreement fell within this category. Additionally, the commission had to determine whether the agreement met all the procedural and substantive requirements for approval under the Act.

In examining the evidence, the commission found that a significant proportion of employees covered by the agreement were indeed low-paid, satisfying the definition under the Act. The commission also considered the procedural fairness of the agreement-making process and found that it complied with the necessary legal standards. The substantive terms of the agreement were deemed to be reasonable and in line with the principles of the Fair Work Act. Consequently, the commission approved the agreement, acknowledging its compliance with all statutory requirements.

As a result of the commission's decision, the DHL Express NSW Operations Agent Enterprise Agreement 2013 was approved and is now in effect. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally recognised and enforceable.

DHL Express (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established