DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Express (Australia) Pty Ltd
(AG2015/4410)

DHL EXPRESS PERTH ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER LEE	MELBOURNE, 27 AUGUST 2015

Application for approval of the DHL Express Perth Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express Perth Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[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 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 of the Act, will operate from 3 September 2015. The nominal expiry date of the Agreement is 2 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, DHL Express (Australia) Pty Ltd applied for the approval of the DHL Express Perth Enterprise Agreement 2015. The application arose as the Fair Work Ombudsman, acting on behalf of the Commonwealth, sought to intervene in the application process. The primary dispute was whether the agreement met the statutory requirements under the Fair Work Act 2009 for it to be approved and registered by the Commission. The legal issues the court was required to decide centred on whether the agreement was genuinely negotiated and if it complied with the various statutory provisions regarding minimum entitlements, procedural fairness, and the avoidance of unnecessary complexity. The court considered submissions from both parties and examined the terms of the agreement in detail.

The Commission examined the negotiation process and found that the agreement had been genuinely negotiated between the employer and the employees' representative, adhering to the statutory requirements. The court found that the agreement contained provisions that met or exceeded the minimum entitlements stipulated by the Fair Work Act 2009. The Commission also considered the fairness of the procedures followed during the negotiation process, finding that there were no significant procedural irregularities. The court determined that the agreement did not contain any unnecessary complexity that would hinder its practical operation and that it was fair in its terms and conditions.

Following its analysis, the Commission approved and registered the DHL Express Perth Enterprise Agreement 2015. The decision highlighted the importance of genuine negotiation, adherence to statutory minimum entitlements, and procedural fairness in enterprise agreements. The Commission found that the agreement met these criteria, thus justifying its approval and registration. The final orders of the Commission were that the agreement be approved and registered as a registered agreement under the Fair Work Act 2009.

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