DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2019/3952)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED AND NATIONAL UNION OF WORKERS - NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT - NEW SOUTH WALES 2019

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 NOVEMBER 2019

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 2019.

[1] DHL Supply Chain (Australia) Pty Ltd has made an application 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 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The United Worker’s Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 November 2019 and, in accordance with s 54, will operate from 29 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved DHL Supply Chain (Australia) Pty Ltd and the National Union of Workers - New South Wales Branch, where the parties sought approval for an enterprise agreement under the Fair Work Act 2009. The dispute centred on the fairness and compliance of the proposed agreement with the statutory requirements, including its alignment with the general protections and minimum standards outlined in the legislation. The application was heard in the Fair Work Commission, with the aim of ensuring the agreement was suitable for endorsement and registration.

The primary legal issues the court addressed were whether the enterprise agreement met the standards of fairness as required by the Fair Work Act 2009 and whether it complied with the general protections and minimum standards. The court examined the terms and conditions of the agreement, focusing on whether they provided fair and reasonable outcomes for employees and did not unduly disadvantage any party. Additionally, the court scrutinised whether the agreement was consistent with the overarching objectives of the Act, particularly in terms of promoting good faith bargaining and equitable workplace practices.

The Fair Work Commission found that the proposed enterprise agreement was fair and compliant with the statutory requirements. The court reasoned that the agreement was reasonable in its terms, providing adequate protections and benefits to employees while also balancing the interests of the employer. The agreement was deemed to meet the general protections and minimum standards, and the court concluded that it promoted a fair and productive workplace environment. As a result, the court approved the agreement for endorsement and registration, allowing it to become legally binding upon the parties involved.

The final orders of the court were to approve the DHL Supply Chain (Australia) Pty Ltd and National Union of Workers - New South Wales Branch Enterprise Agreement - New South Wales 2019, deeming it to be fair and compliant with the statutory requirements. The agreement was registered, and it became effective, binding the parties and governing their employment relationship in accordance with its terms.

DHL Supply Chain (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established