DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2017/5474)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED SYDNEY LOGISTICS SOLUTIONS AGREEMENT – 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the DHL Supply Chain (Australia) Pty Limited Sydney Logistics Solutions Agreement - 2017.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty Limited Sydney Logistics Solutions Agreement - 2017 (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 Applicant 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.205(2) of the Act, the model consultation 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 December 2017. The nominal expiry date of the Agreement is 1 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited applied to the Fair Work Commission (FWC) for approval of a bargaining agreement with the Transport Workers Union. The agreement, known as the Sydney Logistics Solutions Agreement – 2017, aimed to govern the employment terms and conditions of workers within DHL's Sydney logistics operations. The union contested the application, raising objections regarding the scope of the agreement and its implications for the employees.

The FWC needed to determine whether the proposed agreement met the criteria for approval under the Fair Work Act. This included assessing if the agreement was genuinely negotiated, covered appropriate bargaining terms, and did not disadvantage employees. The union argued that the agreement improperly excluded certain workers and did not adequately address their concerns.

The FWC found that the agreement was genuinely negotiated between the parties and included appropriate terms. The union's concerns about the exclusion of certain workers were addressed through the incorporation of specific provisions that ensured these workers would not be disadvantaged. The FWC concluded that the agreement met the statutory requirements and approved it, noting the benefits it provided to both the employer and the employees.

The FWC approved the Sydney Logistics Solutions Agreement – 2017, effective immediately. The union's objections were dismissed, and the agreement was deemed to be in the best interests of the workers involved.

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