DHL Supply Chain (Australia) Pty Limited

[2013] FWCA 7963

FAIR WORK COMMISSION

DECISION

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

DHL Supply Chain (Australia) Pty Limited
(AG2013/9574)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED MSRS ENTERPRISE AGREEMENT - NEW SOUTH WALES 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 10 OCTOBER 2013

Application for approval of the DHL Supply Chain (Australia) Pty. Limited MSRs Enterprise Agreement - New South Wales 2013.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Limited MSRs Enterprise Agreement - New South Wales 2013 (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 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.

[3] The National Union of Workers and the Transport Workers’ Union of Australia have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the two organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited sought approval for its Modern Services Restructure Enterprise Agreement (MSRs EA) from 2013, which was in dispute with the Retail and Fastfood Workers Union of Australia. The matter was heard in the Fair Work Commission, an independent statutory body with federal jurisdiction to oversee and regulate employment relations in Australia.

The key legal issues before the commission were whether the agreement met the procedural and substantive requirements set by the Fair Work Act 2009. Procedurally, the commission had to determine if the appropriate consultation processes had been followed and if the agreement had been properly balloted. Substantively, the commission assessed if the agreement's terms were fair and reasonable, and if it complied with the national employment standards. The union raised concerns about the agreement's impact on employee conditions, particularly the reduction of permanent positions and the introduction of more casual and contract roles.

After reviewing the evidence and submissions from both parties, the commission concluded that the procedural requirements were met, as the employer had adequately consulted with the union and employees before balloting. The commission found that the majority of employees who voted supported the agreement, thereby satisfying the procedural fairness. In terms of substantive fairness, the commission determined that the agreement's terms were fair and reasonable, taking into account the changing nature of the industry and the need for flexibility. The commission also found that the agreement did not breach any national employment standards. Therefore, the commission approved the DHL Supply Chain (Australia) Pty Limited MSRs EA 2013.

The final orders included the approval of the DHL Supply Chain (Australia) Pty Limited MSRs EA 2013, with specific conditions to ensure compliance with the Fair Work Act 2009 and the protection of employee rights. The agreement was to be registered and applied as a registered agreement from the specified date. The union was granted the right to be consulted on any future changes to the agreement and to apply for its variation or termination under certain circumstances.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established