DECISION

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

DHL Express (Australia) Pty Ltd T/A DHL Express
(AG2019/462)

DHL EXPRESS PERTH ENTERPISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 21 JUNE 2019

Application for approval of the DHL Express Perth Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by DHL Express (Australia) Pty Ltd (the applicant) for the approval of an enterprise agreement known as the DHL Express Perth Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the definition of shiftworker, evidence requirements for leave and minimum engagement for part-time employees. A copy of the undertakings is attached at the end of the Agreement. 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 of the Act as are relevant to this application for approval have been met.

[4] The Transport Workers Union (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. The TWU has approved the undertakings along with the other bargaining representatives. In accordance with s.201(2) of the Act 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 28 June 2019. The Agreement operates for a nominal period of 3 years.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved DHL Express (Australia) Pty Ltd, trading as DHL Express, which applied for approval of the DHL Express Perth Enterprise Agreement 2018. The application was made under the Fair Work Act 2009, and the dispute centred on whether the proposed enterprise agreement met the necessary criteria for approval, including that it provides for the appropriate terms and conditions for employees, and that it was made in good faith and without coercion.

The court had to determine whether the agreement fulfilled the statutory requirements under the Fair Work Act. This involved examining if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith. The court also assessed whether the agreement contained all the mandatory terms prescribed by the Fair Work Regulations 2009 and whether the agreement adhered to the procedural requirements for making such agreements.

In reaching its decision, the court considered the evidence provided by both parties and the submissions made. It found that the agreement met the statutory criteria for approval, including that it provided for fair and reasonable terms and conditions, and that it was made in good faith without coercion. The court was satisfied that all mandatory terms were included and that the procedural requirements were met. Consequently, the court approved the DHL Express Perth Enterprise Agreement 2018.

The court ordered that the DHL Express Perth Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the court’s approval, ensuring that the terms and conditions it contained would govern the employment relationship between the employer and the employees covered by 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