DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2016/6342)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED AND NATIONAL UNION OF WORKERS DSO AGREEMENT – NEW SOUTH WALES 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 2 DECEMBER 2016

Application for approval of the DHL Supply Chain (Australia) Pty Limited and National Union of Workers DSO 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 and National Union of Workers DSO 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] 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.202(4) of the Act, the model flexibility 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 9 December 2016. The nominal expiry date of the Agreement is 7 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited applied for the approval of a Decentralised Settlement of Matters (DSO) Agreement with the National Union of Workers. The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed DSO Agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to determine if the agreement adequately protected employees' rights and interests, including provisions for minimum terms and conditions, dispute resolution, and the process for seeking approval of the agreement.

The Commission considered various aspects of the DSO Agreement, including its compliance with statutory requirements, the fairness of its terms, and the adequacy of protections for employees. The Commission also evaluated the process by which the agreement was negotiated and the extent to which it provided for the resolution of disputes in an efficient and fair manner. The Commission found that the DSO Agreement met the statutory requirements and provided adequate protections for employees, including provisions for minimum terms and conditions and an effective dispute resolution mechanism.

Following its analysis, the Commission approved the DSO Agreement between DHL Supply Chain (Australia) Pty Limited and the National Union of Workers, determining that it was fair and reasonable. The Commission's approval was based on its finding that the agreement met the necessary statutory requirements and provided adequate protections for employees. The final order was that the DSO Agreement be approved, allowing the parties to implement the agreed-upon terms and conditions.

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