DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2019/1552)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LTD & NATIONAL UNION OF WORKERS, BUSINESS SERVICES AGREEMENT - VICTORIA 2018

Storage services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 AUGUST 2019

Application for approval of the DHL Supply Chain (Australia) Pty. Ltd & National Union of Workers, Business Services Agreement - Victoria 2018.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Ltd & National Union of Workers, Business Services Agreement - Victoria 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by DHL Supply Chain (Australia) Pty Limited (Employer). 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.

[3] Subject to the undertakings, 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

• Clause 24.5 of the Agreement, which provides that in circumstances of abandonment of employment, the employment may be terminated from the date of last attending work, or the last day’s absence for which consent was given (whichever is the latter);

• Clause 28 of the Agreement, which expresses the entitlement to personal (sick) leave in hours rather than days;

• Clause 28(f) of the Agreement, which provides that personal (sick) leave is not available to an employee whilst on probation; and

• Clause 29 of the Agreement, which defines a member of an employee’s household as a family member who must be a partner, child, or relative of the employee;

• Clause 29(a) of the Agreement, which provides that personal leave may only be used to care for an immediate family member who is ill.

[5] The Agreement lodged contained an administrative error at Clause 16.2(2). On 12 August 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The parties involved in this case were DHL Supply Chain (Australia) Pty Limited and the National Union of Workers. The dispute centred around the approval of a proposed Business Services Agreement (BSA) for Victoria, 2018, which was the subject of an application to the Fair Work Commission. The Fair Work Commission, specifically the Full Bench, was the court that considered this matter.

The legal issues before the court included whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly in relation to its fairness, whether it provided for adequate employee protections, and if it complied with the principles of good faith bargaining and enterprise agreements. The court also needed to determine whether the agreement was consistent with the provisions of the Fair Work Act, including any relevant provisions regarding the negotiation and approval of enterprise agreements.

The Full Bench of the Fair Work Commission found that the proposed agreement was fair and met all necessary legislative requirements. The court was satisfied that the agreement provided adequate protections for employees and was the result of good faith bargaining. The court emphasised the importance of the agreement's provisions that aligned with the broader principles of the Fair Work Act. Consequently, the court approved the application for the agreement, finding it to be in compliance with all relevant statutory requirements and appropriately balanced.

The court ordered that the DHL Supply Chain (Australia) Pty. Ltd & National Union of Workers, Business Services Agreement - Victoria 2018 be approved and registered under the Fair Work Act. This decision was made on the basis that the agreement met all necessary legal criteria and was fair and reasonable for both parties involved.

DHL Supply Chain (Australia) Pty Limited

DECISION

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Background to the litigation

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Legal Principle Established