DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2019/1546)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED GENERAL LOGISTICS AGREEMENT – VICTORIA 2018

Storage services
COMMISSIONER WILSON	MELBOURNE, 8 JULY 2019

Application for approval of the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - Victoria 2018.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - Victoria 2018 (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.

[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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 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

The applicants, DHL Supply Chain (Australia) Pty Limited, applied to the Fair Work Commission for approval of a General Logistics Agreement, which would govern the terms and conditions of employment for employees in the logistics industry in Victoria. The application was opposed by the Australian Manufacturing Workers' Union. The applicants sought to have the agreement approved under section 234 of the Fair Work Act 2009, which provides for the registration of agreements that promote harmonious, productive and cooperative workplace relations. The Commission was required to determine whether the agreement met the criteria for approval under the Act, including whether it promoted harmonious, productive and cooperative workplace relations, and whether it provided for appropriate mechanisms for the resolution of workplace disputes.

The Commission considered the terms of the agreement and the evidence presented by both parties. The applicants argued that the agreement provided for appropriate mechanisms for the resolution of workplace disputes, including a dispute resolution procedure that provided for conciliation and, if necessary, arbitration. The union opposed the application, arguing that the agreement did not provide for appropriate mechanisms for the resolution of workplace disputes and that it did not promote harmonious, productive and cooperative workplace relations. The Commission found that the agreement met the criteria for approval under the Act, including that it provided for appropriate mechanisms for the resolution of workplace disputes and that it promoted harmonious, productive and cooperative workplace relations.

Accordingly, the Commission approved the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - Victoria 2018. The agreement is now registered under the Fair Work Act 2009 and will govern the terms and conditions of employment for employees in the logistics industry in Victoria. The union's application for a certificate to commence industrial action in relation to the agreement was dismissed.

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