DHL Express (Australia) Pty Limited Summary

[2013] FWCA 7625

FAIR WORK COMMISSION

DECISION

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

DHL Express (Australia) Pty Limited
(AG2013/2914)

DHL EXPRESS SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 9 OCTOBER 2013

Application for approval of the DHL Express South Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express South Australia 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 agreement is a single-enterprise agreement.

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

[3] The Transport Workers’ Union of Australia, South Australia/Northern Territory Branch (TWU) 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 October 2013. The nominal expiry date is three (3) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of DHL Express (Australia) Pty Limited, the Fair Work Commission considered an application for the approval of the DHL Express South Australia Enterprise Agreement 2013. The application was made by the employer, DHL Express (Australia) Pty Limited, seeking to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around the terms of the agreement, specifically whether they complied with the requirements of the Act and if they were in the best interests of the employees covered by the agreement.

The legal issues before the Commission were whether the agreement met the necessary criteria for approval, including whether it contained the minimum terms and conditions mandated by the Fair Work Act, and if it was negotiated fairly and in good faith. The Commission also had to consider if the agreement was likely to lead to improved workplace relations and productivity. Furthermore, the Commission needed to determine if the agreement provided for adequate dispute resolution mechanisms and whether it aligned with broader economic and social policies.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission concluded that the agreement contained all the minimum terms and conditions required by the Act and was the product of fair and good faith negotiations. It was determined that the agreement was likely to improve workplace relations and productivity. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and was consistent with broader economic and social policies. Accordingly, the Commission approved the DHL Express South Australia Enterprise Agreement 2013 as a registered agreement.

The final orders of the Commission included the registration of the DHL Express South Australia Enterprise Agreement 2013 as a registered agreement, effective from the date of the decision. The agreement was to apply to all employees of DHL Express (Australia) Pty Limited who were covered by the agreement, and it was to remain in force until superseded or terminated in accordance with the provisions of the Fair Work Act. The approval of the agreement signified a formal recognition of the terms and conditions of employment between the employer and the employees, providing a stable and legally binding framework for their relationship.

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