DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Express (Australia) Pty. Ltd. T/A DHL Express
(AG2017/6445)

DHL EXPRESS VICTORIA ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 12 APRIL 2018

Application for approval of the DHL Express Victoria Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express Victoria Enterprise Agreement 2017 (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. T/A DHL Express. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 April 2018. The nominal expiry date of the Agreement is 19 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved DHL Express (Australia) Pty. Ltd. trading as DHL Express, who applied for approval of the DHL Express Victoria Enterprise Agreement 2017. The application was made to the Fair Work Commission, which is tasked with overseeing the approval of enterprise agreements under the Fair Work Act 2009. The application was contested by a union representing some of the employees, who argued that the agreement did not meet the statutory requirements for approval.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary criteria under the Fair Work Act, particularly sections 230 and 231, which mandate that agreements must be free of any improper conduct and be genuinely agreed upon by the parties involved. The union argued that there was insufficient evidence to demonstrate that the agreement was genuinely agreed upon by all parties. They claimed that the process of consultation and negotiation did not comply with the requirements of the Act and that the agreement failed to adequately address certain employee concerns.

The Fair Work Commission considered the arguments presented and examined the evidence regarding the negotiation process and the content of the agreement. The Commission found that while there were some procedural shortcomings in the negotiation process, these did not undermine the overall legitimacy of the agreement. The Commission determined that the agreement was genuinely negotiated and contained provisions that were fair and reasonable. It was satisfied that the agreement was properly agreed upon by the parties and met the statutory requirements for approval. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission ordered that the DHL Express Victoria Enterprise Agreement 2017 be approved and registered, effective from the date of the decision. This approval means that the agreement will govern the employment terms and conditions of the employees covered by the agreement, subject to the provisions of the Fair Work Act.

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