National Union of Workers, New South Wales Branch v DHL Supply Chain (Australia) Pty Limited

[2012] FWA 6428

[2012] FWA 6428

FAIR WORK AUSTRALIA

STATEMENT

Fair Work Act 2009
s.739 - Application to deal with a dispute

National Union of Workers, New South Wales Branch
v
DHL Supply Chain (Australia) Pty Limited
(C2012/261)

COMMISSIONER CAMBRIDGE SYDNEY, 30 JULY 2012

Dispute settlement procedure - contested interpretation of Meal Allowance clause contained within the DHL Supply Chain (Australia) Pty. Limited Enterprise Agreement – New South Wales 2011- agreement on interpretation and application reached - agreement terms to be formalised and reflected in writing.

[1] On 20 March 2012, the National Union of Workers, New South Wales Branch (NUWN) made an application under s.739 of the Fair Work Act 2009 (the Act) to deal with a dispute in accordance with a dispute settlement procedure (DSP). The relevant DSP is found at clause 16 of the DHL Supply Chain (Australia) Pty. Limited Enterprise Agreement – New South Wales 2011 (the Agreement). The Agreement was approved by Fair Work Australia (FWA) on 6 October 2011. The employer covered by the Agreement is DHL Supply Chain (Australia) Pty. Limited (the Employer).

[2] The dispute relates to the interpretation of the Meal Allowance clause in relation to when Meal Allowance is to be paid. The matter was the subject of a conference before FWA held on 30 March 2012. At the conclusion of the conference both the Employer and the NUWN continued to participate in private conciliation sessions where an agreement on interpretation was eventually reached.

[3] Clause 30.7 of the Agreement relevantly states:

“Meal Allowance

An Employee who works greater than one (1) hours overtime on any day shall be paid a meal allowance in accordance with the table below at the time of claiming the allowance unless notified on the previous day of the intended overtime to be worked.”

[4] As a consequence of the agreement reached regarding the interpretation of this clause, the following sets out when an employee covered by the Agreement will receive and will not receive, Meal Allowance, for the life of the Agreement:

• Should an employee be notified the day prior (or earlier) that there is a need for overtime before their rostered shift there will be no Meal Allowance paid



• Should an employee be notified the day prior (or earlier) that there is a need for overtime after the completion of their rostered shift there will be no Meal Allowance paid



• Should an employee be notified the day prior (or earlier) that there is a need for overtime before their rostered shift and after the completion of their rostered shift there will be no Meal Allowance paid



• Should an employee be called to work overtime before the commencement of their rostered shift, without prior notification , and the overtime is greater than one (1) hour the employee will be paid meal allowance



• Should an employee be requested to work overtime after the completion of their rostered shift, without prior notification, and the overtime is greater than one (1) hour the employee will be paid meal allowance



• In the case that an employee is called to work overtime before the commencement of their rostered shift, without prior notification, and then at the completion of their rostered shift is required to work overtime, without prior notification and the total overtime worked for the day is greater than one (1) hour the employee will be paid meal allowance



• In the case that an employee is notified the day prior (or earlier) that there is a need for overtime before their rostered shift and then at the completion of their rostered shift is required to work overtime, without prior notification and the total overtime worked for the day is greater than one (1) hour the employee will be paid meal allowance



• In relation to MSR’s as they are notified the day prior (or earlier) of any overtime required they will not receive any Meal Allowance.

[5] Having considered the joint submissions of the Employer and the NUWN, I am satisfied that it is appropriate for FWA to record that clause 30.7 of Agreementshould be interpreted and applied in the terms set out above.

[6] Accordingly proceedings in this matter are now concluded.

COMMISSIONER

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