DHL Supply Chain (Australia) Pty Limited

[2016] FWCA 988
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
DHL Supply Chain (Australia) Pty Limited
(AG2015/7217)
DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED & NATIONAL
UNION OF WORKERS, WESTERN SYDNEY AGREEMENT – NEW
SOUTH WALES, 2016
Storage services

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 15 FEBRUARY 2016
Application for approval of the DHL Supply Chain (Australia) Pty. Limited & National Union
of Workers, Western Sydney 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, Western Sydney
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] 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, and on the basis of the material

contained in the application and accompanying statutory declaration, 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.
[4] 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) and based on the statutory declaration provided by the organisation, I note that
the Agreement covers the organisation.
[2016] FWCA 988
[5] The Agreement was approved on 15 February 2016 and, in accordance with s.54, will

operate from 22 February 2016. The nominal expiry date of the Agreement is 8 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 988

Annexure A

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited applied to the Fair Work Commission for the approval of an enterprise agreement with the National Union of Workers, Western Sydney. The agreement in question, referred to as the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Western Sydney Agreement - New South Wales, 2016, was intended to cover storage services provided by the company. The application was lodged under section 185 of the Fair Work Act 2009.

The legal issues before the court involved determining whether the application met the requirements set forth in sections 186, 187, 188, and 190 of the Act, and whether the agreement would cause financial detriment to any employees or result in substantial changes to existing conditions. Additionally, the court had to consider the notification from the National Union of Workers that they wanted the agreement to cover them, as per section 183 of the Act.

The Deputy President, Gostencnik, reviewed the application and accompanying documents, including a statutory declaration from the National Union of Workers. The Deputy President was satisfied that the application met all relevant requirements of the Act and that the provided undertakings would not cause financial detriment to employees nor result in substantial changes to the agreement. The Deputy President also noted that the agreement would cover the National Union of Workers as per their notification. Consequently, the Deputy President approved the agreement on 15 February 2016, effective from 22 February 2016, with a nominal expiry date of 8 January 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established