DHL Supply Chain (Australia) Pty Limited

[2016] FWCA 1332

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2016/224)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED HORSLEY PARK

NSW AGREEMENT 2016

Storage services

COMMISSIONER ROE

MELBOURNE, 2 MARCH 2016

Application for approval of the DHL Supply Chain (Australia) Pty. Limited Horsley Park

NSW Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

DHL Supply Chain (Australia) Pty. Limited Agreement 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] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “National Union of Workers” (NUW) 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 1332

[6] The Agreement was approved on 2 March 2016 and, in accordance with s.54, will

operate from 9 March 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1332

ANNEXURE A

CaseChat Overview and Summary

In the matter of DHL Supply Chain (Australia) Pty Limited, the Fair Work Commission considered an application for the approval of an enterprise agreement, the DHL Supply Chain (Australia) Pty. Limited Agreement 2016. The applicant, DHL Supply Chain (Australia) Pty Limited, sought approval under section 185 of the Fair Work Act 2009 for the enterprise agreement, which was to govern the terms and conditions of employment for employees within the Horsley Park, NSW storage services division. The National Union of Workers also sought for the agreement to cover its members.

The legal issues before the court included whether the applicant had fulfilled the statutory requirements for approval, whether the chosen group of employees was fairly selected, and whether the agreement met the standards set by sections 186, 187, 188 and 190 of the Act. The court also had to consider whether the agreement would cause financial detriment to the employees or result in substantial changes to their existing terms of employment.

The Commission determined that the applicant had provided satisfactory written undertakings that ensured the agreement would not result in financial detriment to employees or substantial changes to their terms of employment. The Commission was satisfied that the agreement met the statutory requirements, including the provisions of sections 186, 187, 188 and 190 of the Act. The Commission noted that although the agreement did not cover all employees, it was satisfied that the group of employees was fairly chosen, taking into account the relevant factors. The Commission also incorporated the model consultation term as a term of the agreement.

The Fair Work Commission approved the agreement on 2 March 2016, effective from 9 March 2016, with a nominal expiry date of 1 January 2019. The agreement was to cover the National Union of Workers, as requested.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established