DECISION

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

DHL Express (Australia) Pty Ltd T/A DHL Express
(AG2018/7220)

DHL EXPRESS QUEENSLAND AND NORTHERN TERRITORY ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 10 APRIL 2019

Application for approval of the DHL Express Queensland and Northern Territory Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express Queensland and Northern Territory 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (TWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 2 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Senior Business HR – QLD/NT/PNG, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 17 April 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved DHL Express (Australia) Pty Ltd, trading as DHL Express, which sought approval of the DHL Express Queensland and Northern Territory Enterprise Agreement 2018. The application was made to the Fair Work Commission. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the commission was whether the enterprise agreement provided for the minimum entitlements of employees and if it was procedurally fair. The application required scrutiny of whether the agreement complied with the provisions of the Act, particularly concerning the minimum terms and conditions it was required to include.

The commission found that the agreement did not provide for the minimum entitlements required by the Fair Work Act. Specifically, it did not adequately address the notice periods and redundancy provisions, which are crucial components of an approved enterprise agreement. The commission emphasised that the agreement must set out minimum terms and conditions that are not less favourable than those provided by the relevant awards or the National Employment Standards. As a result, the application was dismissed. The decision underscored the importance of ensuring that all enterprise agreements fully comply with the statutory requirements to be validly approved.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established