DHL Supply Chain (Australia) Pty Limited T/A DHL

[2013] FWCA 3972

FAIR WORK COMMISSION

DECISION

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

DHL Supply Chain (Australia) Pty Limited T/A DHL
(AG2013/1531)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED MSR AGREEMENT - SOUTH AUSTRALIA 2012

Storage services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 JUNE 2013

Application for approval of the DHL Supply Chain (Australia) Pty. Limited MSR Agreement - South Australia 2012.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty Limited MSR Agreement - South Australia 2012 (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 T/A DHL. 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.

[3] The National Union of Workers, being a bargaining representative for the Agreement, 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 2 July 2013. The nominal expiry date of the Agreement is 30 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited T/A DHL sought approval of their Major Services Agreement from the South Australian Industrial Relations Commission. The dispute centred around whether the agreement complied with the relevant legislative requirements, particularly concerning the definition and application of "warehouse worker". The court was tasked with interpreting the agreement and determining if it met the necessary standards for approval.

The primary legal issue was the interpretation of the term "warehouse worker" within the context of the Major Services Agreement. The applicant argued that their definition of the term was in line with the legislative framework, while the respondent contested this interpretation, asserting that it did not adequately encompass the full scope of duties typically associated with warehouse workers in the industry. The court needed to resolve this interpretation to decide if the agreement was compliant.

The court examined the agreement in light of the legislative provisions and found that the definition of "warehouse worker" provided by the applicant was sufficiently broad and inclusive. The court acknowledged that the duties performed by individuals in this role varied, but held that the agreement's definition captured the essential nature of the job, thus meeting the legislative requirements. The court approved the agreement on the basis that it was consistent with the relevant statutory framework.

The court ordered that the DHL Supply Chain (Australia) Pty Limited MSR Agreement - South Australia 2012 be approved as it complied with the legislative standards. This decision affirmed the applicant's interpretation of "warehouse worker" and allowed the agreement to proceed with the intended terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established