DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Express (Australia) Pty Ltd T/A DHL Express Australia
(AG2020/2197)

DHL EXPRESS SOUTH AUSTRALIA (COURIER) ENTERPRISE AGREEMENT 2020 - 2023

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 27 AUGUST 2020

Application for approval of the DHL Express South Australia (Courier) Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the DHL Express South Australia (Courier) Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by DHL Express (Australia) Pty Ltd T/A DHL Express Australia (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 August 2020.

[3] On 11 August 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 25 August 2020. The undertaking deals with the following topics:

• Clause 13 (Spread of hours) will operate to the exclusion of clause 13.6 of the Road Transport and Distribution Award 2020.

• Clause 14.6 (Hours of Work) is deleted.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by DHL Express (Australia) Pty Ltd, trading as DHL Express Australia, seeking approval of the DHL Express South Australia (Courier) Enterprise Agreement 2020-2023. The dispute centred on the terms and conditions of employment for the couriers employed by the company, specifically the proposed changes to their pay rates, conditions, and dispute resolution mechanisms. The application was heard by the Commission in its capacity as the Fair Work Commission, under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the good faith bargaining requirements, whether the agreement was in the best interests of the employees, and whether it met the requirements for registration under the Fair Work Act. The Commission had to assess whether the agreement was negotiated in good faith and whether it provided fair and reasonable terms and conditions for the employees. Additionally, the Commission needed to determine if the agreement adequately balanced the interests of both the employer and the employees.

In its decision, the Commission found that the proposed enterprise agreement had been negotiated in good faith and that the terms and conditions provided for in the agreement were fair and reasonable. The Commission noted that the agreement contained provisions that addressed key issues such as pay rates, working hours, and leave entitlements, and that it included a dispute resolution mechanism that was accessible and fair. The Commission concluded that the agreement was in the best interests of the employees and that it met the requirements for registration under the Fair Work Act.

The Fair Work Commission approved the DHL Express South Australia (Courier) Enterprise Agreement 2020-2023, with the effective date of operation being the date of the Commission's decision. The decision confirmed the terms and conditions of employment for the couriers employed by DHL Express Australia, providing certainty and stability for both the employer and the employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established