DHL Supply Chain (Australia) Pty Limited

[2013] FWCA 7144

[2013] FWCA 7144

FAIR WORK COMMISSION

DECISION

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

DHL Supply Chain (Australia) Pty Limited
(AG2013/2783)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED AND NATIONAL UNION OF WORKERS, WORKPLACE LOGISTICS SERVICES AGREEMENT - QUEENSLAND 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 18 SEPTEMBER 2013

Application for approval of the DHL Supply Chain (Australia) Pty Limited and National Union of Workers, Workplace Logistics Services Agreement - Queensland 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, Workplace Logistics Services Agreement - Queensland 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] As the flexibility term in Clause 9 of the Agreement does not meet the requirements of the legislation, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement, and will apply in lieu of Clause 9.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

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