DHL Supply Chain (Australia) Pty Limited

[2018] FWCA 7356

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2018/3412)

DHL Supply Chain (Australia) Pty Limited & National Union of Workers Multi Purpose Agreement - Queensland 2018

Storage services
Deputy President Colman	MELBOURNE, 3 DECEMBER 2018

Application for approval of the DHL Supply Chain (Australia) Pty Limited & National Union of Workers Multi Purpose Agreement - Queensland 2018.

An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty Limited & National Union of Workers Multi Purpose Agreement - Queensland 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.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 3 December 2018 and, in accordance with s.54, will operate from 10 December 2018. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent application for approval of the DHL Supply Chain (Australia) Pty Limited & National Union of Workers Multi Purpose Agreement - Queensland 2018, the Fair Work Commission was tasked with determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The applicant, DHL Supply Chain (Australia) Pty Limited, sought approval for the agreement to regulate the terms and conditions of employment for its employees within the state of Queensland. The National Union of Workers represented the employees in this matter.

The legal issues before the Commission centred on whether the proposed agreement met the statutory criteria for approval, including ensuring it provided for fair and efficient workplace relations and was consistent with the objects of the Act. Specifically, the Commission needed to assess if the agreement appropriately balanced the interests of both employers and employees, and if it provided for effective mechanisms for dispute resolution. Additionally, the Commission was required to consider whether the agreement complied with the provisions concerning minimum entitlements and whether it allowed for sufficient flexibility in the workplace.

In its decision, the Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission noted that the agreement provided for fair and efficient workplace relations, ensuring that it balanced the interests of both parties. The agreement included provisions for minimum entitlements, such as wages, leave, and other conditions of employment, which were in line with the Act. The Commission also found that the agreement contained adequate mechanisms for dispute resolution, which were deemed effective and compliant with the statutory framework. Consequently, the Commission approved the agreement, finding that it complied with the relevant provisions of the Fair Work Act 2009.

The final orders of the Fair Work Commission were that the DHL Supply Chain (Australia) Pty Limited & National Union of Workers Multi Purpose Agreement - Queensland 2018 be approved as a registered agreement under section 177 of the Fair Work Act 2009. The agreement was to commence on the date of registration and would apply to the employees of DHL Supply Chain (Australia) Pty Limited in Queensland, effectively regulating their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established