DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2019/2731)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED & NATIONAL UNION OF WORKERS, WORKPLACE LOGISTICS SERVICES AGREEMENT - VICTORIA, 2019

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 AUGUST 2019

Application for approval of the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Workplace Logistics Services Agreement - Victoria, 2019

[1] DHL Supply Chain (Australia) Pty Limited has made an application for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Workplace Logistics Services Agreement - Victoria, 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 August 2019 and, in accordance with s 54, will operate from 21 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Ltd, along with the National Union of Workers, applied for approval of the Workplace Logistics Services Agreement - Victoria, 2019. The application was heard in the Fair Work Commission. The primary dispute centred on the terms and conditions of the proposed agreement, including wage rates, working conditions, and dispute resolution mechanisms, which the parties sought to have recognised as a legally binding enterprise agreement.

The Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was a genuine enterprise agreement, if it was made free from coercion, and if it complied with the procedural requirements. Additionally, the Commission had to consider the implications of the agreement on the employees and the employer, ensuring that the proposed terms were fair and reasonable.

The Commission found that the agreement was genuinely negotiated and not made under duress or coercion. It was also determined that the agreement met all procedural requirements and that the terms, while not ideal for either party, were fair and reasonable. The Commission took into account the economic context, the bargaining positions of the parties, and the likely impact on employees. The application was approved, and the agreement was registered, becoming a legally binding enterprise agreement for the specified period.

The final orders included the approval and registration of the Workplace Logistics Services Agreement - Victoria, 2019, effective from the date of the Commission's decision. The agreement was to be binding on all employees and the employer as per the terms outlined.

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