DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2016/7729)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED & NATIONAL UNION OF WORKERS, MULTI-PURPOSE AGREEMENT – NEW SOUTH WALES, 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

Application for approval of the DHL Supply Chain (Australia) Pty Limited & National Union of Workers, Multi-Purpose Agreement - New South Wales, 2016.

[1] 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 - New South Wales, 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 2 March 2017 and, in accordance with s.54, will operate from 9 March 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DHL Supply Chain (Australia) Pty Limited, sought approval for a Multi-Purpose Agreement between itself and the National Union of Workers in New South Wales. The applicant aimed to establish a framework governing employment conditions for its employees. The matter was heard in the Fair Work Commission. The central legal issues before the Commission involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, fair, and met the procedural requirements set out in the Act. The applicant argued that the agreement provided necessary flexibility to manage its business effectively and ensured fair treatment for its employees. The Union contended that the agreement did not sufficiently protect employees' rights and interests.

The Commission examined the agreement's provisions, including those related to wages, hours of work, and dispute resolution mechanisms. It also considered submissions from both parties and relevant stakeholders. The Commission found that the agreement was procedurally sound and provided for a fair balance of rights and obligations. It concluded that the agreement was in the public interest, as it facilitated a stable and productive workplace, which in turn supported economic activity and job security. The Commission approved the agreement, noting that while there were areas for improvement, the overall balance achieved by the agreement was fair and met the legislative criteria.

The Fair Work Commission approved the DHL Supply Chain (Australia) Pty Limited & National Union of Workers, Multi-Purpose Agreement - New South Wales, 2016, subject to specific conditions. The approval was contingent on the agreement being implemented and maintained in good faith by both parties. The Commission also directed that any future amendments to the agreement would be subject to its approval. This decision ensures that the agreement provides a framework for fair and balanced employment conditions, supporting both the applicant's business objectives and the employees' rights and interests.

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