DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2019/3771)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED AND NATIONAL UNION OF WORKERS, BUSINESS SERVICES AGREEMENT - WESTERN AUSTRALIA 2019

Storage services
COMMISSIONER WILLIAMS	PERTH, 31 OCTOBER 2019

Application for approval of the DHL Supply Chain (Australia) Pty. Limited and National Union of Workers, Business Services Agreement - Western Australia 2019.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Limited and National Union of Workers, Business Services Agreement - Western Australia 2019 (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] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited and the National Union of Workers filed an application for the approval of their Business Services Agreement, Western Australia 2019. The application was heard by the Fair Work Commission, where the primary issue was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement fairly and appropriately represented the interests of the employees and did not unfairly disadvantage any party.

The court examined the agreement's provisions, including those related to wages, hours of work, and other employment conditions. It assessed whether the agreement complied with the Fair Work Act's requirements for good faith bargaining and if it provided adequate protections for the employees. The court also considered the views of both parties and any relevant submissions made during the hearing.

After thorough analysis, the Fair Work Commission found that the agreement substantially complied with the legislative requirements. The court concluded that the agreement was fair and balanced, representing the interests of both employers and employees adequately. The court approved the agreement, noting that it provided a fair framework for the parties to manage their workplace relations. The decision was made in the interest of maintaining harmonious industrial relations and ensuring that the employees' rights and conditions were protected.

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