DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2016/738)

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

Storage services
COMMISSIONER ROE	MELBOURNE, 29 APRIL 2016

Application for approval of the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Workplace Logistics Services Agreement - Australian Capital Territory, 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 – Australian Capital Territory, 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 29 April 2016 and, in accordance with s.54, will operate from 6 May 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 application before the Fair Work Commission was for the approval of a workplace agreement between DHL Supply Chain (Australia) Pty Limited and the National Union of Workers. The dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the interests of the employees and complied with the relevant provisions of the Act.

The primary legal issues the Fair Work Commission considered were whether the proposed agreement provided for terms and conditions that were at least as favourable as the relevant modern award, and whether the agreement had been made in good faith. Additionally, the Commission examined whether the agreement allowed for fair and reasonable access to dispute resolution mechanisms and whether the agreement's terms were consistent with the purpose of the Fair Work Act, which is to establish a fair and efficient workplace relations system.

The Fair Work Commission found that the proposed agreement was at least as favourable as the relevant modern award and was made in good faith. The Commission also determined that the agreement provided for fair and reasonable access to dispute resolution mechanisms and was consistent with the purpose of the Fair Work Act. Consequently, the Commission approved the agreement, finding that it met all the necessary statutory requirements and was in the interests of the employees.

The Fair Work Commission's decision was that the DHL Supply Chain (Australia) Pty Limited & National Union of Workers, Workplace Logistics Services Agreement - Australian Capital Territory, 2016, was approved and met the criteria set out in the Fair Work Act. The Commission's approval was based on the evidence presented and its determination that the agreement was at least as favourable as the relevant modern award, was made in good faith, and provided for fair and reasonable access to dispute resolution mechanisms.

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