DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2019/2886)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED & NATIONAL UNION OF WORKERS, WESTERN SYDNEY AGREEMENT - NEW SOUTH WALES, 2019

Storage services
COMMISSIONER WILSON	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Western Sydney Agreement - New South Wales, 2019.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Western Sydney Agreement - New South Wales, 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of 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 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, DHL Supply Chain (Australia) Pty Limited, applied for the approval of an agreement reached with the National Union of Workers, Western Sydney. The agreement, dated 2019, pertains to the terms and conditions of employment for certain employees within the logistics sector. The Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it was certified by the independent certifier without any objections, and whether it met the Fair Work Act's requirements regarding employee representation, procedural fairness, and the inclusion of essential terms. The Commission also had to determine if the agreement addressed the needs of the employees and the business effectively.

The Commission examined the evidence presented by both parties and the certification process undertaken by the independent certifier. It found that the agreement was genuinely an enterprise agreement, as it was negotiated between the applicant and the union, and it covered a defined enterprise. The Commission noted the certifier's certification, which included no objections, as a critical factor in its decision. Additionally, the Commission assessed the procedural fairness of the agreement and its compliance with the Fair Work Act's requirements. It concluded that the agreement met all necessary criteria and was in the best interests of the employees and the business.

The Commission approved the agreement, and this decision was subject to appeal within the specified timeframe. The approval meant that the terms and conditions outlined in the agreement would govern the employment of the relevant employees, and the union would be recognised as the bargaining agent for those employees.

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