DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2018/3587)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED GENERAL LOGISTICS AGREEMENT - NEW SOUTH WALES 2017

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 DECEMBER 2018

Application for approval of the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - New South Wales 2017.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - New South Wales 2017 (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, 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 7 December 2018 and, in accordance with s.54, will operate from 14 December 2018. The nominal expiry date of the Agreement is 1 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Ltd applied to the Fair Work Commission for approval of a General Logistics Agreement for New South Wales 2017. The dispute arose from an enterprise agreement which aimed to govern the terms and conditions of employment for employees within the logistics industry. The Commission was tasked with assessing the agreement to ensure it met the requirements set out in the Fair Work Act 2009.

The primary legal issues involved whether the agreement was a genuinely independent enterprise agreement, if it contained all the mandatory terms required by the Act, and whether it complied with the procedural fairness requirements. The applicant argued that the agreement was the product of genuine bargaining between the parties, while the respondents contended that the process was flawed and did not meet the standards of procedural fairness.

The Commission found that the agreement was genuinely an independent enterprise agreement and was procedurally fair. It included all the mandatory terms as stipulated by the Act. The Commission dismissed the claims that the process was unfair, noting the extensive efforts made to ensure the employees had an opportunity to be involved in the negotiations. Consequently, the Commission approved the General Logistics Agreement for New South Wales 2017.

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