DHL Supply Chain (Australia) Pty Ltd Summary

[2013] FWCA 435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2012/14509)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED & NATIONAL UNION OF WORKERS, WORKPLACE LOGISTICS SERVICES AGREEMENT - NEW SOUTH WALES, 2013

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 24 JANUARY 2013

Application for approval of the DHL Supply Chain (Australia) Pty. Limited & National Union of Workers, Workplace Logistics Services Agreement - New South Wales, 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 Service Agreement - New South Wales, 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 31 January 2013. The nominal expiry date of the Agreement is 8 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by the DHL Supply Chain (Australia) Pty Ltd, the respondent, the National Union of Workers, brought an application for approval of a workplace agreement under the Fair Work Act 2009. The case was heard in the Fair Work Commission. The primary dispute centred on whether the proposed agreement complied with the requirements of the Act and if it was a simple, open, and direct agreement.

The legal issues before the Commission were whether the proposed agreement was a genuine enterprise agreement and if it adhered to the provisions of the Act. The Commission needed to determine if the agreement was made in good faith, was simple, open, and direct, and if it contained the necessary elements required by the Act. Additionally, the Commission had to consider if the agreement appropriately balanced the interests of the employer and the employees.

The Fair Work Commission found that the proposed agreement was a genuine enterprise agreement, as it was made in good faith and contained the required elements under the Fair Work Act. The Commission was satisfied that the agreement was simple, open, and direct, and it balanced the interests of both the employer and the employees. Consequently, the application for approval of the DHL Supply Chain (Australia) Pty Ltd & National Union of Workers, Workplace Logistics Services Agreement - New South Wales, 2013, was approved. The Commission certified the agreement as a registered agreement, effective from the date of the decision.

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