DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2016/269)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED GENERAL LOGISTICS AGREEMENT - SOUTH AUSTRALIA AND NORTHERN TERRITORY 2015

Storage services
COMMISSIONER GREGORY	MELBOURNE, 3 MARCH 2016

Application for approval of the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - South Australia and Northern Territory 2015.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - South Australia and Northern Territory 2015 (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 Nation 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 10 March 2016. The nominal expiry date of the Agreement is 10 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of DHL Supply Chain (Australia) Pty Limited, the Fair Work Commission was asked to approve a General Logistics Agreement covering employees in South Australia and the Northern Territory. The application was made by DHL Supply Chain, seeking to formalise conditions of employment for workers in the logistics sector. The Commission needed to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to examine if the agreement contained the minimum terms and conditions as required by law, and if it was made in good faith and without coercion.

The central legal issue before the Commission was whether the proposed agreement satisfied the statutory requirements for approval. This included ensuring that the agreement provided for the minimum entitlements mandated by the Fair Work Act, such as minimum wages, penalty rates, and leave provisions. Additionally, the Commission had to assess whether the agreement was genuinely made without any element of coercion or undue influence, and if it represented a fair and reasonable agreement between the employer and the employees. The Commission also had to consider if the agreement complied with the procedural requirements for such applications.

After thorough examination of the application and the proposed agreement, the Commission found that the document met the necessary criteria for approval. The agreement was deemed to provide for the minimum terms and conditions as required by law, and there was no evidence of coercion or undue influence in its formation. The Commission was satisfied that the agreement was made in good faith and represented a fair and reasonable outcome for both parties. Consequently, the application for approval of the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - South Australia and Northern Territory 2015 was approved by the Fair Work Commission.

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