DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2019/1697)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED HORSLEY PARK NSW AGREEMENT 2019

Storage services
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2019

Application for approval of the DHL Supply Chain (Australia) Pty. Limited Horsley Park NSW Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Limited Horsley Park NSW Agreement 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 (NUW) 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 14 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of DHL Supply Chain (Australia) Pty Limited, the Fair Work Commission was asked to approve the DHL Supply Chain (Australia) Pty. Limited Horsley Park NSW Agreement 2019. The application for approval was brought under section 232 of the Fair Work Act 2009. The applicant, DHL Supply Chain (Australia) Pty Limited, sought the commission's approval of the proposed agreement, which contained terms and conditions of employment for its employees in the Horsley Park NSW area.

The central legal issue before the commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award, and whether it complied with the procedural requirements for such agreements. The commission had to consider the balance between facilitating efficient workplace agreements and ensuring that employees were not disadvantaged by the terms of the agreement.

The commission examined the proposed agreement in detail, noting that it provided for terms and conditions of employment that were no less favourable than the relevant award. The commission also found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act, including the provision of relevant information to the employees and the opportunity for them to be represented. Given these findings, the commission was satisfied that the agreement met the statutory criteria for approval and accordingly approved the DHL Supply Chain (Australia) Pty. Limited Horsley Park NSW Agreement 2019.

As a result of the approval, the agreement will now serve as the terms and conditions of employment for the relevant employees, replacing any previous agreement or award terms in relation to those matters covered by the agreement. The approval ensures that the agreement operates as a safety net, providing no less favourable terms and conditions than the applicable award or safety net award.

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