DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2020/1483)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED & UNITED WORKERS UNION INGLEBURN - NEW SOUTH WALES AGREEMENT 2020

Storage services
COMMISSIONER JOHNS	SYDNEY, 9 JUNE 2020

Application for approval of the DHL Supply Chain (Australia) Pty Limited & United Workers Union Ingleburn - New South Wales Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty Limited & United Workers Union Ingleburn - New South Wales Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DHL Supply Chain (Australia) Pty Limited. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The United Workers’ Union (UWU) 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 UWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, DHL Supply Chain (Australia) Pty Limited applied for the approval of the DHL Supply Chain (Australia) Pty Limited & United Workers Union Ingleburn - New South Wales Agreement 2020. The dispute arose over whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The union and the company had reached an agreement on various terms and conditions of employment, which the union sought to have recognised as a registered agreement. The legal issues before the Commission included whether the agreement met the statutory criteria for approval, such as the genuine agreement between the parties and the protection of employees' rights and interests.

The Fair Work Commission examined the submissions and evidence provided by both parties to determine if the agreement was genuinely negotiated and met the criteria for registration. The Commission considered the process of negotiation, the content of the agreement, and whether it provided adequate protections for employees. The Commission also assessed if the agreement complied with the procedural fairness requirements, ensuring that the union had adequately represented its members in the negotiation process. Ultimately, the Commission concluded that the agreement met the necessary statutory criteria for approval.

Having found that the agreement satisfied the requirements for genuine negotiation and procedural fairness, and that it provided adequate protections for employees, the Fair Work Commission approved the DHL Supply Chain (Australia) Pty Limited & United Workers Union Ingleburn - New South Wales Agreement 2020. The decision was based on the evidence presented and the Commission's assessment that the agreement was in the best interests of the employees involved. The Commission's approval ensures that the terms and conditions set out in the agreement are legally binding and enforceable.

DHL Supply Chain (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established