DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Express (Australia) Pty Ltd
(AG2018/1635)

DHL EXPRESS NSW OPERATIONS AGENT ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 SEPTEMBER 2018

Application for approval of the DHL Express NSW Operations Agent Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express NSW Operations Agent Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DHL Express (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2018. The nominal expiry date of the Agreement is 19 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DHL Express (Australia) Pty Ltd sought approval of their 2018 New South Wales Operations Agent Enterprise Agreement from the Fair Work Commission. The applicants argued the agreement was appropriate for the workforce, considering the operational demands and market conditions. The opposition came from the Transport Workers Union, which argued the agreement did not adequately protect employee conditions, particularly regarding shift patterns and overtime.

The commission considered whether the agreement provided fair and reasonable terms for the employees. Key issues included whether the provisions on shift patterns and overtime were fair and reasonable, and if the agreement met the standards set by the Fair Work Act. The commission evaluated the evidence presented by both parties, including expert testimony on industry practices and the operational needs of the business. It also considered the balance between the rights and obligations of the employer and employees.

The commission found that while the agreement met the requirements of the Fair Work Act, certain provisions regarding shift patterns and overtime could be improved to better protect employees. After negotiating amendments to these provisions, the commission approved the agreement, finding that it was in the best interests of the employees and the business. The approved agreement was registered, and the application was accordingly dismissed.

The commission ordered that the DHL Express NSW Operations Agent Enterprise Agreement 2018 be registered and approved as a modern award, effective from the date of the decision. The agreement was to be circulated to all employees, and both parties were directed to comply with its terms. The Transport Workers Union was granted leave to appeal the decision within 21 days.

DHL Express (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established