DHL Supply Chain (Australia) Pty Limited Summary

[2016] FWCA 824

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2015/7226)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LTD & NATIONAL UNION

OF WORKERS, BUSINESS SERVICES AGREEMENT – VICTORIA,

2015

Storage services

COMMISSIONER ROE

SYDNEY, 9 FEBRUARY 2016

Application for approval of the DHL Supply Chain (Australia) Pty. Ltd & National Union of

Workers, Business Services Agreement – Victoria, 2015.

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

DHL Supply Chain (Australia) Pty. Ltd & National Union of Workers, Business Services

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.
[2016] FWCA 824

[4] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will

operate from 16 February 2016. The nominal expiry date of the Agreement is 31 December

2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the DHL Supply Chain (Australia) Pty. Ltd and National Union of Workers, Business Services Agreement – Victoria, 2015. This agreement, referred to as the Agreement, was made by DHL Supply Chain (Australia) Pty Limited under section 185 of the Fair Work Act 2009. The application for approval was made by the employer, DHL Supply Chain (Australia) Pty Limited, and the National Union of Workers is the bargaining representative for the Agreement. The primary focus of the case was to determine whether the Agreement met the necessary criteria for approval as stipulated by sections 186, 187, and 188 of the Fair Work Act 2009.

The legal issues that the court had to decide included whether the Agreement met the requirements of the Fair Work Act 2009, specifically the provisions related to the approval of enterprise agreements. The court had to consider if the Agreement covered a fairly chosen group of employees and if it adhered to the provisions concerning bargaining representatives. Additionally, the court needed to determine if the Agreement was in line with the overall objectives and principles of the Fair Work Act 2009.

The court found that all relevant requirements under sections 186, 187, and 188 of the Fair Work Act 2009 were satisfied. Although the Agreement did not cover all employees of the employer, the court was satisfied, based on the factors outlined in section 186(3) and (3A), that the group of employees included in the Agreement was fairly chosen. Furthermore, the court noted that the National Union of Workers had given notice under section 183 of the Act that it wanted the Agreement to cover it, and in accordance with section 201(2), the Agreement does cover the organisation. Consequently, the court approved the Agreement on 9 February 2016, and it will operate from 16 February 2016, with a nominal expiry date of 31 December 2018.

DHL Supply Chain (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established