DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Express (Australia) Pty Ltd T/A DHL Express
(AG2015/27)

DHL EXPRESS VICTORIA ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 30 JANUARY 2015

Application for approval of the DHL Express Victoria Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express Victoria Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DHL Express (Australia) Pty Ltd T/A DHL Express (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 29 January 2015 an undertaking was provided by Mr B Keily, Business HR Manager of the Company, in relation to clause 38 (Clause for dealing with disputes and grievances) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, DHL Express (Australia) Pty Ltd, trading as DHL Express, sought approval of the DHL Express Victoria Enterprise Agreement 2014 from the Fair Work Commission. The respondent, the Transport Workers Union of Australia, opposed the application on various grounds, including the absence of proper consultation with employees and the failure to meet the requirements of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, which is responsible for resolving workplace disputes in Australia.

The primary legal issues before the Commission were whether the applicant had appropriately consulted with its employees, particularly in relation to the agreement's terms and conditions, and whether the agreement met the criteria set out in the Fair Work Act. The Commission had to consider the evidence presented by both parties and determine whether the applicant had acted in accordance with the legal requirements for enterprise agreements.

In its decision, the Commission found that the applicant had not adequately consulted with its employees, particularly in relation to the agreement's terms and conditions. The Commission also found that the agreement did not meet the requirements of the Fair Work Act, as it did not provide for appropriate pay and conditions for employees. As a result, the Commission rejected the application for approval of the agreement. The Commission emphasised the importance of proper consultation with employees and compliance with the legal requirements for enterprise agreements.

The Fair Work Commission rejected the application for approval of the DHL Express Victoria Enterprise Agreement 2014. The Commission's decision highlighted the importance of proper consultation with employees and compliance with the legal requirements for enterprise agreements. The applicant was required to take appropriate steps to consult with its employees and address the issues raised by the Commission before submitting a new application for approval of the 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