DHL Supply Chain (Australia) Pty Limited Summary

[2013] FWCA 7082

FAIR WORK COMMISSION

DECISION

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

DHL Supply Chain (Australia) Pty Limited
(AG2013/2592)

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

Storage services
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the DHL Supply Chain (Australia) Pty Limited and National Union of Workers - New South Wales Branch 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 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 24 September 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

The application before the Fair Work Commission was made by DHL Supply Chain (Australia) Pty Limited and the National Union of Workers - New South Wales Branch for the approval of their enterprise agreement. The agreement in question pertains to employees of DHL involved in logistics and supply chain operations across New South Wales. The dispute centred on whether the proposed agreement met the legal criteria for registration under the Fair Work Act 2009. The Commission had to determine if the agreement contained the necessary minimum terms and conditions and if it complied with the procedural requirements for registration.

The primary legal issues before the Commission were whether the agreement contained the minimum terms and conditions as required by the Fair Work Act, and whether the agreement was made in good faith and covered a relevant workforce. Additionally, the Commission had to consider if the agreement was procedurally sound, ensuring that proper consultation processes were followed and that the agreement was not inconsistent with any existing awards or agreements. The Commission also needed to ensure that the agreement was not in breach of any provisions of the Act or any relevant industrial instrument.

After examining the agreement and the submissions from both parties, the Commission found that the agreement met all the necessary criteria. It contained the minimum terms and conditions and was made in good faith. The consultation processes were deemed adequate, and the agreement was found to be consistent with the provisions of the Fair Work Act. The Commission also confirmed that the agreement did not contravene any existing awards or agreements and was procedurally valid. Given these findings, the Commission approved the agreement, ensuring it would provide a fair and effective framework for the employees covered by it.

The final order of the Commission was the approval of the DHL Supply Chain (Australia) Pty Limited and National Union of Workers - New South Wales Branch Enterprise Agreement - New South Wales 2013. This approval ensures that the agreement will serve as the basis for the employment terms and conditions of the relevant workforce, providing a stable and legally compliant framework for industrial relations between the parties.

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