DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2016/1075)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LTD & NATIONAL UNION OF WORKERS, PARKWEST AGREEMENT - VICTORIA, 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 27 MAY 2016

Application for approval of the DHL Supply Chain (Australia) Pty. Ltd & National Union of Workers, Parkwest Agreement – Victoria, 2016.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Ltd & National Union of Workers, Parkwest 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.

[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 3 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for the approval of an agreement between DHL Supply Chain (Australia) Pty Limited and the National Union of Workers. The dispute centred on the terms of the agreement, which was proposed to cover employees within Victoria. The FWC was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The primary issues involved examining if the agreement provided for fair and reasonable terms, and if it adhered to the procedural requirements set forth by the legislation. The union and the employer both submitted their positions, with the union arguing for the fairness and reasonableness of the agreement's terms, and the employer emphasising compliance with the legal framework.

The FWC conducted a thorough analysis of the agreement's provisions, focusing on whether they aligned with the principles of fairness and reasonableness. The court examined the agreement's terms against the backdrop of relevant industrial jurisprudence and statutory requirements. The FWC also considered the procedural fairness of the agreement-making process, including whether the union had genuinely bargained with the employer. The court scrutinised submissions from both parties, including evidence and arguments presented regarding the agreement's terms and the process through which it was developed. After careful deliberation, the FWC determined that the agreement met the necessary criteria for approval.

The FWC concluded that the agreement provided fair and reasonable terms for the employees and was made in accordance with the procedural requirements of the Fair Work Act. The union's genuine bargaining and the reasonableness of the agreement's terms were found to be satisfactory. Consequently, the FWC approved the agreement. The decision underscored the importance of ensuring that industrial agreements are both procedurally sound and substantively fair. The approval of the agreement was seen as a balanced outcome that recognised the rights of both the employees and the employer.

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