DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2015/6014)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED & NATIONAL UNION OF WORKERS MULTI PURPOSE AGREEMENT - QUEENSLAND 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 9 NOVEMBER 2015

Application for approval of the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers Multi Purpose Agreement - Queensland 2015.

[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 Multi Purpose Agreement – Queensland 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 9 November 2015 and, in accordance with s.54, will operate from 16 November 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved DHL Supply Chain (Australia) Pty Limited and the National Union of Workers, with the application seeking approval of their Multi Purpose Agreement - Queensland 2015. This matter was heard by the Fair Work Commission, where the central issue was whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal questions focused on whether the agreement provided for fair and reasonable terms, ensured no unfair dismissal provisions, and complied with the statutory requirements for multi-enterprise agreements. The union argued that the agreement was fair and reasonable, providing adequate protections for employees, while DHL contended that certain provisions might unduly restrict their operational flexibility. The court needed to balance these concerns against the need to provide fair terms for employees.

The Fair Work Commission, after considering the arguments and the provisions of the agreement, determined that the agreement was fair and reasonable, and met the necessary legal criteria for approval. The Commission highlighted that the agreement provided sufficient protections for employees, including provisions for redundancy and termination, while also allowing DHL the flexibility needed for business operations. The court approved the agreement, emphasising the importance of maintaining a balance between employer needs and employee protections.

The final order granted approval for the DHL Supply Chain (Australia) Pty Limited & National Union of Workers Multi Purpose Agreement - Queensland 2015, subject to the terms and conditions specified in the agreement.

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