DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2018/7266)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED & NATIONAL UNION OF WORKERS, WORKPLACE LOGISTICS SERVICES AGREEMENT - QUEENSLAND 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 FEBRUARY 2019

Application for approval of the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Workplace Logistics Services Agreement - Queensland 2018.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Workplace Logistics Services Agreement - Queensland 2018 (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 Ltd. 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2019. The nominal expiry date of the Agreement is 1 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of DHL Supply Chain (Australia) Pty Ltd involved an application by the employer, DHL Supply Chain, for the approval of a workplace agreement with the National Union of Workers. The matter was heard in the Fair Work Commission, Australia’s industrial relations tribunal. The union had negotiated the Workplace Logistics Services Agreement - Queensland 2018 with DHL Supply Chain, and both parties sought the Commission’s approval of this agreement, as it was deemed to be an enterprise agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for an enterprise agreement under the Act, specifically focusing on the aspects of good faith bargaining and the absence of prohibited content. The Commission had to determine if the agreement was made in good faith and if it contained any terms that were prohibited by the Act. Additionally, the Commission examined whether the agreement covered the necessary minimum terms as stipulated by the legislation.

In assessing the agreement, the Commission found that the bargaining process was conducted in good faith and that the union had genuinely represented its members. The Commission also determined that the agreement did not include any terms that were prohibited under the Act. Moreover, the agreement comprehensively addressed the minimum terms required by the legislation, covering various aspects such as wages, hours of work, and other conditions of employment. Consequently, the Commission approved the Workplace Logistics Services Agreement - Queensland 2018, recognising it as a valid enterprise agreement.

The Fair Work Commission's decision to approve the agreement signifies a resolution to the application, allowing the terms negotiated between DHL Supply Chain and the National Union of Workers to be legally binding for the employees covered by the agreement. This outcome ensures that the agreement will govern the employment conditions for the relevant workforce, providing clarity and certainty in their employment relationship.

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