DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Express (Australia) Pty Ltd
(AG2015/4425)

DHL EXPRESS QUEENSLAND & NORTHERN TERRITORY ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 SEPTEMBER 2015

Application for approval of the DHL Express Queensland & Northern Territory Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express Queensland & Northern Territory Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DHL Express (Australia) Pty Ltd. 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 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 10 September 2015. The nominal expiry date is 9 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DHL Express (Australia) Pty Ltd sought approval for the DHL Express Queensland & Northern Territory Enterprise Agreement 2015 before the Fair Work Commission (FWC). The dispute centred on whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009, particularly in relation to procedural fairness and coverage of employees. The parties involved were DHL Express, the employer, and the Retail and Fast Food Workers Union, representing the employees. The union contested the application, arguing that the agreement did not fairly represent the employees' interests.

The central legal issues before the FWC were whether the agreement was genuinely negotiated and if it covered all employees within the scope of the bargaining. Additionally, the FWC had to determine if the application process was conducted in a manner that ensured procedural fairness. The union claimed that the process was flawed and that the agreement did not adequately protect the employees' rights and conditions.

The FWC examined the negotiation process and found that it was conducted in good faith and involved meaningful discussions between the parties. The commission also determined that the agreement comprehensively covered all relevant employees and provided adequate protections. The FWC held that the application process was fair and that the agreement met the statutory requirements. Consequently, the FWC approved the enterprise agreement.

The FWC's decision was based on the evidence presented, which demonstrated that the negotiation process was fair and that the agreement provided for the employees' rights and conditions. The FWC rejected the union's claims of procedural unfairness and inadequate coverage, finding that the application satisfied the necessary legal standards. The FWC's approval of the enterprise agreement ensures that it will be binding on the parties involved, effective from the specified commencement date.

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