DHL Supply Chain (Australia) Pty Limited

[2017] FWCA 5835

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2017/3006)

DHL Supply Chain (Australia) Pty Limited & National Union Of Workers Ingleburn - New South Wales Agreement 2017

Storage services
Deputy President Colman	MELBOURNE, 8 NOVEMBER 2017

Application for approval of the DHL Supply Chain (Australia) Pty Limited & National Union Of Workers Ingleburn - New South Wales Agreement 2017.

An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty Limited & National Union Of Workers Ingleburn - New South Wales 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.

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.

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.

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.

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 8 November 2017 and, in accordance with s.54, will operate from 15 November 2017. The nominal expiry date of the Agreement is 2 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited, an employer, and the National Union Of Workers, a union representing its employees, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question, titled the DHL Supply Chain (Australia) Pty Limited & National Union Of Workers Ingleburn - New South Wales Agreement 2017, was the subject of this application. The primary legal issue the court had to address was whether the agreement met the criteria for approval as stipulated by the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it provided for fair and reasonable terms and conditions.

The court evaluated the evidence and submissions from both parties to ascertain if the agreement was genuinely negotiated between the employer and the union, and whether it complied with the mandatory provisions set out in the Act. The court examined the bargaining process and the content of the agreement, considering if it provided for a fair and reasonable remuneration and conditions package for the employees. It also had to ensure that the agreement did not negatively impact employees' job security and included appropriate dispute resolution mechanisms.

After thorough examination, the court found that the agreement was indeed made in good faith and satisfied all the necessary legal criteria. The terms and conditions were fair and reasonable, and the agreement provided adequate protections for the employees. The court approved the DHL Supply Chain (Australia) Pty Limited & National Union Of Workers Ingleburn - New South Wales Agreement 2017, allowing it to come into effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established