DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2016/3964)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED AND NATIONAL WORKERS UNION WORKPLACE LOGISTICS SERVICE AGREEMENT - WESTERN AUSTRALIA 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the DHL Supply Chain (Australia) Pty. Limited and National Union of Workers, Workplace Logistics Services Agreement Western Australia 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, Workplace Logistics Services Agreement Western Australia 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited sought approval of a workplace agreement with the National Union of Workers, which was to cover employees in Western Australia. The application was made to the Fair Work Commission, which was required to determine whether the agreement complied with the relevant legislative provisions and met the requirements for approval.

The primary legal issue before the Commission was whether the agreement contained terms that were not reasonably necessary to give effect to the agreement's purpose or to protect the legitimate interests of the employer, employees, or relevant unions. The Commission also had to consider whether the agreement complied with the provisions of the Fair Work Act 2009, including the requirement that the agreement provide for the protection of employees' rights and interests.

The Fair Work Commission determined that the agreement did not contain any terms that were not reasonably necessary to give effect to its purpose or to protect the legitimate interests of the parties. The Commission found that the agreement provided for the protection of employees' rights and interests and complied with the requirements of the Fair Work Act. The Commission also considered the evidence presented by the parties and concluded that the agreement was in the best interests of the employees.

The Fair Work Commission approved the DHL Supply Chain (Australia) Pty Limited and National Union of Workers, Workplace Logistics Services Agreement Western Australia 2016. The agreement was registered with the Commission and became a registered agreement under the Fair Work Act.

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