DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2016/5889)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED CONSUMER ERSKINE PARK ENTERPRISE AGREEMENT - NEW SOUTH WALES 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the DHL Supply Chain (Australia) Pty. Limited Consumer Erskine Park Enterprise 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 Consumer Erskine Park Enterprise 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited applied to the Federal Circuit Court for the approval of the DHL Supply Chain (Australia) Pty Limited Consumer Erskine Park Enterprise Agreement - New South Wales 2016. The application involved workers who were employed in various roles at the Erskine Park facility, and the agreement sought to regulate their terms and conditions of employment. The legal issues before the court centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the criteria for "genuine agreement" and "better off overall" under the Act. Additionally, the court needed to assess if the agreement contained all the mandated terms and conditions, and whether it was free from any prohibited content.

The court examined the evidence provided by DHL and the submissions made by the parties to ascertain whether the agreement was genuinely negotiated and not imposed. The court also considered whether the agreement provided employees with a better overall position than they would have under the applicable awards. The court's analysis involved scrutinising the consultation process, the level of employee participation, and the extent to which the agreement addressed the employees' interests. Furthermore, the court evaluated whether the agreement contained all the required minimum terms and conditions, and whether it was free from any prohibited content such as terms that undermine the right of employees to freedom of association.

In its decision, the court found that the application met all the necessary legal requirements. The agreement was deemed to be genuinely negotiated and not imposed, and the court was satisfied that the employees were better off overall under the terms of the agreement. The court also confirmed that the agreement contained all the mandated terms and conditions and was free from any prohibited content. Consequently, the court approved the DHL Supply Chain (Australia) Pty Limited Consumer Erskine Park Enterprise Agreement - New South Wales 2016, as sought by the applicant.

The final orders of the court included the approval of the enterprise agreement, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission, and the court's approval was to be noted on the copy of the agreement to be lodged with the Commission. The parties were directed to comply with the terms and conditions of the approved agreement, and any disputes arising under the agreement were to be resolved in accordance with the procedures outlined within the agreement.

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