DHL Supply Chain (Australia) Pty Limited Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited sought approval of its workplace agreement with the National Union of Workers for certain employees in Queensland. The dispute was heard by the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement contained terms that were unfair, or that did not meet the statutory minimum standards set out in the Act.

In evaluating the fairness and compliance of the proposed agreement, the Commission examined the balance of rights and obligations between the parties, and the extent to which the agreement provided for a fair resolution of workplace issues. The Commission considered submissions from both DHL and the Union, as well as evidence regarding the bargaining process and the terms of the agreement. After careful consideration, the Commission found that the agreement did not contain any terms that were unfair, and that it met the statutory minimum standards. The Commission was satisfied that the agreement provided for a fair and reasonable resolution of workplace issues, and approved the agreement as meeting the requirements of the Act.

The Fair Work Commission approved the Workplace Logistics Services Agreement between DHL Supply Chain (Australia) Pty Limited and the National Union of Workers for certain employees in Queensland. The Commission found that the agreement was fair and met the statutory minimum standards set out in the Fair Work Act 2009. The agreement was approved, and will now be in effect for the relevant employees.

DHL Supply Chain (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established