DHL Supply Chain (Australia) Pty Ltd Summary

[2013] FWCA 4230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2013/1556)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED & NATIONAL UNION OF WORKERS, WORKPLACE LOGISTICS SERVICES AGREEMENT - AUSTRALIAN CAPITAL TERRITORY, 2013

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 28 JUNE 2013

Application for approval of the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Workplace Logistics Services Agreement - Australian Capital Territory, 2013.

[1] An application has been made for the approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Workplace Logistics Services Agreement - Australian Capital Territory, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[3] 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) of the Act, I note the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2013. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a workplace agreement between DHL Supply Chain (Australia) Pty Ltd and the National Union of Workers. The dispute arose under the Fair Work Act 2009, with the Commission exercising its powers to approve or reject the agreement. The central issue was whether the agreement met the statutory requirements for an enterprise agreement, including compliance with the Better Off Overall Test (BOOT).

The court considered the BOOT, which requires that employees covered by the agreement be at least as well off financially under the agreement as they would be under the relevant industrial instrument. The Commission assessed the financial benefits and detriments to employees, including wages, allowances, and other entitlements. It also evaluated non-financial benefits, such as improved working conditions and job security, against any financial or other detriments. The analysis involved comparing the terms of the proposed agreement with the existing award conditions, ensuring that employees would not be worse off overall.

After a detailed examination of the financial and non-financial terms of the agreement, the Commission found that the proposed agreement met the requirements of the BOOT. The court concluded that employees would experience no financial detriment and would benefit from improved working conditions and job security. The agreement was thus approved, and the Commission made orders accordingly. The final orders included the approval of the agreement and the setting aside of any existing agreements that conflicted with the new terms.

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