DHL Supply Chain (Australia) Pty Ltd

[2013] FWCA 665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2012/14488)

DHL SUPPY CHAIN (AUSTRALIA) PTY., LIMITED HORSLEY PARK NSW AGREEMENT 2013.

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 30 JANUARY 2013

Application for approval of the DHL Supply Chain (Australia) Pty., Limited Horsley Park NSW Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty., Limited Horsley Park NSW Agreement 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] An undertaking has been provided by DHL Supply Chain (Australia) Pty Ltd in relation to the coverage of the Agreement. The undertaking has been attached to the Agreement and will be taken to be a term 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 6 February 2013. The nominal expiry date of the Agreement is 1 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by DHL Supply Chain (Australia) Pty Ltd for the approval of an agreement titled the DHL Supply Chain (Australia) Pty., Limited Horsley Park NSW Agreement 2013. The application was brought pursuant to section 234 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered workplace agreement. The dispute centred around the content and compliance of the proposed agreement with the statutory requirements for workplace agreements under the Fair Work Act.

The primary legal issue for the Commission to determine was whether the agreement met the criteria for approval as a registered agreement. This involved assessing the agreement against the provisions of the Fair Work Act, including whether the agreement provided for terms and conditions of employment that were not less favourable than the relevant modern award or the National Employment Standards. The Commission also had to consider whether the agreement was made in good faith and whether it was fair and reasonable in all its circumstances.

The Fair Work Commission found that the proposed agreement complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided terms and conditions of employment that were not less favourable than the relevant award and the National Employment Standards. The Commission also determined that the agreement was made in good faith and was fair and reasonable in all the circumstances. Consequently, the Commission approved the agreement as a registered workplace agreement under section 178 of the Fair Work Act.

The Fair Work Commission ordered that the DHL Supply Chain (Australia) Pty., Limited Horsley Park NSW Agreement 2013 be approved as a registered agreement. This decision meant that the agreement could be enforced and would apply to the employees covered by the agreement, thereby providing a framework for their employment terms and conditions. The approval was effective from the date of the Commission's decision, ensuring that the agreement could be implemented without further procedural hurdles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established