DHL Supply Chain (Australia) Pty Limited Summary

[2014] FWCA 2901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2014/869)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED & NATIONAL UNION OF WORKERS INGLEBURN - NEW SOUTH WALES AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 2 MAY 2014

Application for approval of the DHL Supply Chain (Australia) Pty Limited & National Union of Workers Ingleburn - New South Wales Agreement 2014.

[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 Ingleburn - New South Wales Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 22 April 2014. On 29 April 2014 I received a signed undertaking in response to the queries from Leigh Brooks, General Manager, Human Resources at DHL Supply Chain (Australia) Pty Limited. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[6] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2014. The nominal expiry date of the Agreement is 2 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The parties involved in this case were DHL Supply Chain (Australia) Pty Limited and the National Union of Workers. The dispute pertained to the application for the approval of the DHL Supply Chain (Australia) Pty Limited & National Union of Workers Ingleburn - New South Wales Agreement 2014. The application was heard in the Fair Work Commission, an industrial relations tribunal in Australia.

The primary legal issue before the court was whether the agreement met the criteria for approval as per the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the fair and reasonable terms and conditions of employment, was free from coercion and undue influence, and was in compliance with the relevant provisions of the Act. The court also needed to consider whether the agreement had been made in good faith and if it provided for a process for the resolution of disputes.

The court reviewed the agreement and found that it contained provisions that were fair and reasonable, and did not contain any terms that were contrary to public policy or that had been made under duress. The court also found that the agreement had been made in good faith and provided for a process for the resolution of disputes. The court was satisfied that the agreement met all the criteria for approval under the Fair Work Act 2009 and granted the application for approval.

The Fair Work Commission approved the DHL Supply Chain (Australia) Pty Limited & National Union of Workers Ingleburn - New South Wales Agreement 2014. The agreement was registered on the Register of Approved Agreements, and it became a legally binding enterprise agreement between the parties.

DHL Supply Chain (Australia) Pty Limited

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established