DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Express (Australia) Pty. Ltd. T/A DHL Express
(AG2016/7816)

DHL EXPRESS SOUTH AUSTRALIA (COURIER) ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 14 MARCH 2017

Application for approval of the DHL Express South Australia (Courier) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express South Australia (Courier) Enterprise Agreement 2016 (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] The Applicant 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 21 March 2017. The nominal expiry date of the Agreement is 20 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

DHL Express (Australia) Pty. Ltd. T/A DHL Express, sought approval of an enterprise agreement with its employees in South Australia. The matter was heard in the Fair Work Commission, where the union representing the employees contested the agreement's provisions. The primary dispute centred on the terms of the agreement, particularly regarding the classification and remuneration of certain employees.

The central legal issues before the Commission involved whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement adequately provided for the employees' classification, rates of pay, and other conditions of employment, and if it met the procedural requirements for approval under the Act. The union argued that the agreement did not adequately represent the employees' interests and failed to comply with relevant laws.

The Commission found that the enterprise agreement was compliant with the Fair Work Act 2009. It concluded that the agreement appropriately classified the employees and provided for their remuneration and conditions. The Commission also determined that the agreement was made in good faith and followed the necessary procedural requirements. The union's arguments did not sufficiently demonstrate that the agreement was unfair or did not meet the legal standards for approval. As a result, the Commission approved the enterprise agreement.

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