DHL Supply Chain (Australia) Pty Ltd Summary

[2013] FWCA 3489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2013/1240)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LTD & NATIONAL UNION OF WORKERS, PARKWEST AGREEMENT - VICTORIA, 2013

Storage services
COMMISSIONER WILSON	MELBOURNE, 3 JUNE 2013

Application for approval of the DHL Supply Chain (Australia) Pty. Ltd & National Union of Workers, Parkwest Agreement - Victoria, 2013.

[1] An application has been made for the approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Ltd & National Union of Workers, Parkwest Agreement - Victoria, 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 10 June 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) received an application for approval of an enterprise agreement between DHL Supply Chain (Australia) Pty Ltd and the National Union of Workers, dated 2013. The dispute arose as DHL sought to have the agreement, which had been registered under the Fair Work Act 2009 (Cth), formally approved by the Commission. The agreement aimed to establish terms and conditions of employment for the union's members working for DHL in Victoria.

The legal issues before the FWC centred on whether the agreement was made in good faith and met the criteria for approval under section 231 of the Fair Work Act. The primary consideration was whether the agreement was free from any improper conduct, such as coercion or undue influence, and whether it complied with the requirements for a certified agreement. Additionally, the Commission needed to determine if the agreement contained all the prescribed minimum terms and conditions and whether it adhered to the procedural requirements set out in the Act.

In deliberating over these issues, the FWC examined the process through which the agreement was negotiated and the evidence presented by both parties. The Commission noted that the agreement had been negotiated in good faith and that no evidence of improper conduct was found. The FWC further determined that the agreement contained all the necessary minimum terms and conditions and was procedurally sound. As a result, the FWC approved the agreement, confirming its compliance with the statutory requirements and its suitability for formal registration.

The FWC issued an order approving the DHL Supply Chain (Australia) Pty Ltd & National Union of Workers, Parkwest Agreement - Victoria, 2013, effective from the date of the Commission's decision. The agreement was certified as meeting the standards set forth in the Fair Work Act, and it was registered accordingly.

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