DHL Supply Chain (Australia) Pty Limited

[2013] FWCA 7399

FAIR WORK COMMISSION

DECISION

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

DHL Supply Chain (Australia) Pty Limited
(AG2013/2880)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED AND NATIONAL UNION OF WORKERS NEW SOUTH WALES BRANCH BUSINESS SERVICES ENTERPRISE AGREEMENT - NEW SOUTH WALES 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 24 SEPTEMBER 2013

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 2013.

[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 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The 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 2013 was heard by the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. DHL Supply Chain sought approval for the enterprise agreement, while the National Union of Workers New South Wales Branch argued for specific amendments.

The legal issues before the court were whether the agreement complied with the procedural requirements of the Fair Work Act, including whether it was negotiated in good faith and whether it met the standards of genuine agreement. Additionally, the court had to determine whether the agreement included all necessary provisions as per the Act and if it adhered to the principles of industrial fairness.

The Fair Work Commission found that the enterprise agreement complied with the statutory requirements for approval. The court held that the agreement was genuinely negotiated and met the standards of good faith bargaining. The agreement was deemed to include all necessary provisions and adhered to the principles of industrial fairness. Consequently, the application for approval was granted.

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 2013, finding it to be in compliance with the Fair Work Act. This decision provided clarity for both parties on the legitimacy and enforceability of the agreement, ensuring its implementation in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established