Application by DHL Express (Australia) Pty Ltd Trading as DHL Express Australia

[2025] FWCA 2046

[2025] FWCA 2046

The attached document replaces the document previously issued with the above code on 20 June 2025.

Reference ID inserted at bottom of document

Associate to Deputy President O’Keeffe

Dated 20 June 2025

[2025] FWCA 2046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Application by DHL Express (Australia) Pty Ltd Trading as DHL Express Australia

(AG2025/1777)

DHL EXPRESS PERTH ENTERPRISE AGREEMENT 2025

Road Transport Industry

DEPUTY PRESIDENT O’KEEFFE PERTH, 20 JUNE 2025

Application for approval of the DHL Express Perth Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the DHL Express Perth Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by DHL Express (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s 173(2) was 7 February 2025 and the Agreement was made on 30 May 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s 193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Transport Workers’ Union of Australia, who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

1. There was some ambiguity regarding the provisions of cl.18.1.1. Specifically, it was unclear if the casual loading of 25% applied in addition to the rates set out in a and b of that clause. I wrote to the Applicant concerning this matter and the Applicant confirms that the 25% casual loading will apply in addition to those rates. For the avoidance of doubt, I confirm that this means – in the example of Sunday – that the rate payable to a casual would be 200% plus 25% equalling 225%.

1. I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met.

1. The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving 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 TWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 June 2025. The nominal expiry date of the Agreement is 20 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< AE529431 PR788430>