DHL Supply Chain (Australia) Pty Ltd Summary

[2013] FWCA 6827

FAIR WORK COMMISSION

DECISION

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

DHL Supply Chain (Australia) Pty Ltd
(AG2013/2711)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED AND NATIONAL UNION OF WORKERS DSO AGREEMENT - NEW SOUTH WALES 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 10 SEPTEMBER 2013

Application for approval of the DHL Supply Chain (Australia) Pty. Limited and National Union of Workers DSO Agreement - New South Wales 2013.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Limited and National Union of Workers DSO Agreement - New South Wales 2013 (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 Applicant). 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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 17 September 2013. The nominal expiry date of the Agreement is 7 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of DHL Supply Chain (Australia) Pty Ltd, the parties involved were the employer, DHL Supply Chain, and the National Union of Workers. The dispute centred on the approval of a Determinable Standing Orders Agreement (DSO) under the Industrial Relations Act. The matter was brought before the Fair Work Commission in New South Wales. The employer sought to have the agreement approved, while the union contested the terms of the proposed agreement.

The legal issues the court was required to decide included whether the proposed DSO complied with the relevant provisions of the Industrial Relations Act, whether the agreement was made in good faith, and whether it provided adequate protections for the employees. The court also had to consider whether the agreement was consistent with the principles of enterprise bargaining and if it contained provisions that were fair and reasonable in all the circumstances.

The court found that the proposed DSO was compliant with the Industrial Relations Act and was made in good faith. The agreement provided adequate protections for the employees and was consistent with the principles of enterprise bargaining. The court noted that the parties had engaged in genuine negotiations and that the agreement contained provisions that were fair and reasonable. As a result, the court approved the DSO.

The court ordered the approval of the DHL Supply Chain (Australia) Pty. Limited and National Union of Workers DSO Agreement - New South Wales 2013, subject to any modifications that may be necessary to ensure compliance with the Industrial Relations Act. The decision highlights the importance of good faith negotiations and the need for agreements to provide adequate protections for employees.

DHL Supply Chain (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established