DHL Supply Chain (Australia) Pty Limited Summary

[2016] FWCA 2984

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2016/946)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED & NATIONAL

UNION OF WORKERS, WORKPLACE LOGISTICS SERVICES

AGREEMENT – NEW SOUTH WALES, 2016

Storage services

COMMISSIONER ROE

MELBOURNE, 13 MAY 2016

Application for approval of the DHL Supply Chain (Australia) Pty. Limited & National Union

of Workers, Workplace Logistics Services 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 & National Union of Workers, Workplace

Logistics Services 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.
[2016] FWCA 2984

[4] The Agreement was approved on 13 May 2016 and, in accordance with s.54, will

operate from 20 May 2016. The nominal expiry date of the Agreement is 8 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of DHL Supply Chain (Australia) Pty Limited involved an application for the approval of an enterprise agreement between DHL Supply Chain (Australia) Pty Limited and the National Union of Workers, Workplace Logistics Services Agreement - New South Wales, 2016. This application was made under section 185 of the Fair Work Act 2009. The primary objective was to determine whether the conditions set out in sections 186, 187, and 188 of the Act were met for the approval of the agreement.

The legal issues centred around whether the agreement was fairly chosen, whether it met the necessary criteria for approval, and if the bargaining representative, the National Union of Workers, was properly included in the agreement. The court had to consider the factors outlined in section 186(3) and (3A) of the Act to determine if the group of employees was fairly chosen, despite the agreement not covering all employees of the employer. Additionally, the court examined whether the agreement was in line with the requirements of section 201(2) concerning the inclusion of the bargaining representative.

Commissioner Roe found that all relevant requirements for approval had been met. The court was satisfied that the group of employees was fairly chosen, taking into account the relevant factors under section 186(3) and (3A) of the Act. Furthermore, the National Union of Workers had properly notified its intent to be included in the agreement, as required by section 183 of the Act, and the agreement appropriately covered the union as per section 201(2). Based on this, the agreement was approved and set to operate from 20 May 2016, with a nominal expiry date of 8 January 2019.

DHL Supply Chain (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established