DHL Supply Chain (Australia) Pty Ltd

[2013] FWCA 2807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2013/653)

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

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 7 MAY 2013

Application for approval of the DHL Supply Chain (Australia) Pty. Ltd & National Union of Workers, Business Services 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, Business Services 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] Undertakings have been provided by DHL Supply Chain (Australia) Pty Ltd in relation to notice of termination for probationary employees, payment for public holidays, accrual of annual leave, entitlement to take personal/carers leave, and parental leave. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

[3] 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2013. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DHL Supply Chain (Australia) Pty Ltd, sought the approval of an agreement between the company and the National Union of Workers. This application was heard in the Fair Work Commission, where the central dispute involved the terms of the proposed Business Services Agreement. The agreement, which was intended to regulate employment conditions and workplace practices, was contested on the grounds that it did not adequately represent the interests of the workers.

The legal issues before the court focused on whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for a "good faith" bargaining process and if it was fair and reasonable in terms of its impact on employees. The court also examined whether the agreement was consistent with the broader objectives of the Fair Work Act, including the protection of employees' rights and interests.

In its reasoning, the Fair Work Commission examined the negotiation process, the content of the proposed agreement, and its potential effects on employees. The court considered the evidence presented by both parties and evaluated whether the agreement had been reached through genuine bargaining and whether it provided fair terms and conditions for employees. After thorough deliberation, the court found that the agreement was negotiated in good faith and was fair and reasonable in all respects. Consequently, the court approved the proposed Business Services Agreement.

The final orders of the court included the approval of the Business Services Agreement between DHL Supply Chain (Australia) Pty Ltd and the National Union of Workers, effective from the date of the decision. The court mandated that the agreement be registered with the Fair Work Commission and that it be implemented in accordance with the terms outlined. This decision ensures that the agreement remains in effect, providing a framework for employment conditions and workplace practices within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established