DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2016/5512)

DHL SUPPLY CHAIN (AUSTRALIA) PTY, LIMITED AND NATIONAL UNION OF WORKERS - NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT - NEW SOUTH WALES 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2016

Application for approval of the DHL Supply Chain (Australia) Pty, Limited and National Union of Workers - New South Wales Branch 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 and National Union of Workers - New South Wales Branch 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] 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 13 October 2016 and, in accordance with s.54, will operate from 20 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited sought approval of an enterprise agreement with the National Union of Workers - New South Wales Branch. The application was made to the Fair Work Commission, which was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. The central issue was whether the agreement complied with the requirements for a single-enterprise agreement, including provisions for employee representation and resolution of disputes.

The Fair Work Commission considered the agreement's compliance with the statutory requirements, particularly focusing on the provision for employee representation and dispute resolution. The Commission assessed the fairness of the agreement, taking into account the bargaining positions of the parties, the nature of the agreement, and whether it provided for a fair and reasonable outcome for the employees. After reviewing the submissions and evidence from both parties, the Commission determined that the agreement was fair and reasonable, meeting all statutory criteria for approval.

The Fair Work Commission approved the enterprise agreement, recognising its compliance with the relevant provisions of the Fair Work Act 2009. The decision emphasised the importance of employee representation and effective dispute resolution mechanisms in ensuring a fair agreement. The approval of the agreement facilitated a collaborative and constructive industrial relations environment for the parties 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