DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2016/166)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED GENERAL LOGISTICS AGREEMENT - VICTORIA 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 19 FEBRUARY 2016

Application for approval of the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - Victoria 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 - Victoria 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. 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 19 February 2016 and, in accordance with s.54, will operate from 26 February 2016. The nominal expiry date of the Agreement is 19 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved DHL Supply Chain (Australia) Pty Limited, seeking approval for their General Logistics Agreement - Victoria 2015. The applicant argued that the agreement would improve efficiency and productivity while ensuring fair terms for employees. The dispute centred around whether the agreement met the criteria set forth in the Fair Work Act 2009 for approval as a modern award.

The primary legal issues the Commission was required to address were whether the agreement contained terms that provided for a fair and efficient workplace, and whether the agreement appropriately balanced the interests of both the employer and the employees. Additionally, the Commission needed to determine if the agreement met the threshold of being "better off overall" for the majority of employees covered by the agreement.

In its decision, the Fair Work Commission found that the proposed agreement contained terms that were fair and efficient, providing benefits such as streamlined processes and improved productivity measures. The Commission considered that the agreement appropriately balanced the interests of both parties and met the "better off overall" test. The Commission approved the agreement, noting the benefits for employees in terms of job security, wages, and working conditions. The approval was granted subject to specific conditions to ensure ongoing compliance and monitoring.

The final orders of the Commission included the approval of the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - Victoria 2015, effective from the date of the decision, with provisions for ongoing monitoring and review to ensure continued compliance with the Fair Work Act 2009.

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