DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2019/3405)

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

Storage services
COMMISSIONER WILLIAMS	PERTH, 15 OCTOBER 2019

Application for approval of the DHL Supply Chain (Australia) Pty. Limited and National Union of Workers, Workplace Logistics 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, Workplace Logistics 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 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 applied to the Fair Work Commission for approval of a new enterprise agreement with the National Union of Workers, which was proposed to cover employees in Western Australia. The dispute centred on the terms of the proposed agreement and whether they complied with the relevant legislative framework under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement met the necessary requirements for registration and approval.

The primary legal issue before the Commission was whether the proposed agreement contained all the mandatory terms specified in the Fair Work Act 2009 and whether it complied with the provisions of the Act. This included ensuring that the agreement did not unfairly discriminate against employees, provided for the protection of employees' rights, and met the procedural requirements for registration. Additionally, the Commission had to assess if the agreement was made in good faith and whether it contained appropriate mechanisms for resolving disputes.

After thorough examination of the agreement and consideration of submissions from both parties, the Fair Work Commission found that the proposed agreement complied with the mandatory requirements of the Fair Work Act 2009. The Commission concluded that the agreement contained all the necessary terms, did not unfairly discriminate against employees, and was made in good faith. Consequently, the Commission approved the DHL Supply Chain (Australia) Pty Limited and National Union of Workers, Workplace Logistics Services Agreement - Western Australia 2019. The agreement was registered, and the Commission issued a certificate of registration.

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