DHL Supply Chain (Australia) Pty Limited

[2019] FWCA 736

[2019] FWCA 736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2018/6705)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED GENERAL LOGISTICS AGREEMENT - SOUTH AUSTRALIA AND NORTHERN TERRITORY 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - South Australia and Northern Territory 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 - South Australia and Northern Territory 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] I note that Clauses 26, 55 are inconsistent with the National Employment Standards as Clause 26 provides that if an employee is absent from work for a period of 3 consecutive days without consent of the employer and without notification, that employee will be deemed to have abandoned employment. Clause 55 allows for concurrent leave at time of birth and adoption only, rather than at any time during the first employee’s leave. Given the National Employment Standards precedence clause at clause 5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[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 14 February 2019. The nominal expiry date of the Agreement is 10 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501667  PR704644>

Annexure A