DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2016/1315)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED & NATIONAL UNION OF WORKERS, WORKPLACE LOGISTICS SERVICES AGREEMENT - VICTORIA, 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Workplace Logistics Services Agreement - Victoria, 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, Workplace Logistics Services Agreement - Victoria, 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 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DHL Supply Chain (Australia) Pty Limited, applied for the approval of the Workplace Logistics Services Agreement - Victoria, 2016, entered into with the National Union of Workers. The dispute was heard in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The union and the employer sought the commission’s approval of the agreement, which detailed the terms and conditions of employment for workers within the logistics services sector in Victoria.

The central legal issue before the commission was whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. This involved examining whether the agreement met the criteria for approval, such as ensuring it provided for fair and reasonable terms and conditions of employment, did not undermine the right to freedom of association, and did not include provisions that were contrary to public policy. The commission also needed to consider the views and interests of the employees who would be covered by the agreement.

In reaching its decision, the commission undertook a detailed analysis of the agreement's provisions, taking into account submissions from both parties and the broader implications for the workforce. The commission found that the agreement did meet the legislative criteria for approval and was in the best interests of the employees. It concluded that the agreement provided fair and reasonable terms and conditions, did not undermine employees' rights, and aligned with public policy objectives. The commission was satisfied that the agreement would benefit the employees by ensuring fair treatment and providing a stable framework for their employment.

The commission approved the Workplace Logistics Services Agreement - Victoria, 2016, and made the necessary orders to give effect to that approval. The agreement was to be registered and would then form the basis for the employment terms and conditions of the workers covered by it, as per the provisions outlined in the approved 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