DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2015/4929)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED AND NATIONAL UNION OF WORKERS NEW SOUTH WALES BRANCH BUSINESS SERVICES ENTERPRISE AGREEMENT - NEW SOUTH WALES 2015

Storage services
COMMISSIONER ROE	PERTH, 21 SEPTEMBER 2015

Application for approval of the DHL Supply Chain (Australia) Pty. Limited and National Union of Workers New South Wales Branch Business Services Enterprise Agreement - New South Wales 2015.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Limited and National Union of Workers New South Wales Branch Business Services Enterprise Agreement - New South Wales 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] 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, 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.

[6] The Agreement was approved on 21 September 2015 and, in accordance with s.54, will operate from 28 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, DHL Supply Chain (Australia) Pty Limited, sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The respondent, the National Union of Workers New South Wales Branch, did not oppose the application but raised concerns about potential adverse effects on employees' wages and conditions. The matter was heard in the Fair Work Commission, with Commissioner R L McEwin presiding.

The central issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act and whether it would have adverse consequences for the employees. The Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, including pay rates, leave entitlements, and other employment conditions, while ensuring that it did not negatively impact the employees' overall welfare.

The Fair Work Commission determined that the proposed enterprise agreement complied with the statutory requirements and did not have adverse consequences for the employees. The Commission found that the agreement contained provisions that were fair and reasonable in all respects and did not result in a detriment to the employees. The Commission emphasised the importance of maintaining a balance between the interests of employers and employees and concluded that the agreement achieved this balance. Consequently, the Commission approved the application for the proposed enterprise agreement.

The Fair Work Commission approved the DHL Supply Chain (Australia) Pty Limited and National Union of Workers New South Wales Branch Business Services Enterprise Agreement - New South Wales 2015. The approval ensures that the agreement will be legally binding on the parties and will govern the terms and conditions of employment for the employees covered by 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