DHL Express (Australia) Pty Limited T/A DHL Express

[2015] FWCA 6713

[2015] FWCA 6713

FAIR WORK COMMISSION

DECISION

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

DHL Express (Australia) Pty Limited T/A DHL Express
(AG2015/4988)

DHL EXPRESS CUSTOMER SERVICE QUEENSLAND ENTERPRISE AGREEMENT 2015

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 29 SEPTEMBER 2015

Application for approval of the DHL Express Customer Service Queensland Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by DHL Express (Australia) Pty Limited t/as DHL Express (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the DHL Express Customer Service Queensland Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with a nominated Employee Bargaining Representative (EBR), Ms L Briggs and is to cover 110 employees who are engaged in office based clerical roles based in the Brisbane Central Business District. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 22 May 2015, and voting for the Agreement’s approval took place between 2 and 4 September 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 30 of the 37 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 15 September 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17), Ms V Evison, Business HR Manager – QLD/NT/PNG, identified the Clerks – Private Sector Award 2010 [MA000002] and the Clerical and Administrative Staff – International Freight Forwarding and Customs Clearing Industry Award 2003 [AP826032] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Evisonsaid that the Agreement provides for higher rates of pay and that there are no less beneficial terms. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 33 and 6 respectively, and a disputes resolution procedure at clause 41 erroneously refers to Fair Work Australia, which I take as providing for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 25 September 2015, Ms V Evison appeared for the applicant and Ms L Briggs appeared in her capacity as EBR. Ms Evison outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that while base rates of pay are partly dependent on performance, the rates of pay are to be increased by at least 2.5% on 1 April of each year during the nominal term of the Agreement. Ms Briggs supported the submission of Ms Evison and indicated that she was happy with the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the DHL Express Customer Service Queensland Enterprise Agreement 2015 Pursuant to s 54 of the Act, the Agreement shall operate from 2 October 2015 and have a nominal expiry date of 2 October 2018.

DEPUTY PRESIDENT

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