DHL Express (Australia) Pty Limited

[2023] FWCA 2383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Express (Australia) Pty Limited

(AG2023/2335)

DHL EXPRESS NSW COURIER ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER LIM	PERTH, 1 AUGUST 2023

Application for approval of the DHL Express NSW Courier Enterprise Agreement 2023

DHL Express (Australia) Pty Limited has made an application for the approval of an enterprise agreement known as the name of agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Transport Workers Union (the TWU), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 1 August 2023 and, in accordance with s 54, will operate from 8 August 2023. The nominal expiry date of the Agreement is 8 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant DHL Express (Australia) Pty Limited sought approval of the DHL Express NSW Courier Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for couriers in the New South Wales region, including wages, hours of work, and various other employment-related matters. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment and whether it was free from prohibited content, such as terms that might undermine the protection of employees’ rights or facilitate unlawful discrimination. The applicant needed to demonstrate that the agreement was the product of genuine bargaining and that it was not made under duress or coercion.

The Commission found that the agreement contained terms that were fair and reasonable, taking into account the needs of the business, the workforce, and the wider community. It determined that the agreement did not include any terms that would be contrary to public policy or that might facilitate unlawful discrimination. The applicant had provided sufficient evidence to demonstrate that the agreement was the product of genuine bargaining and that it was not made under duress or coercion. Consequently, the Commission approved the agreement under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the DHL Express NSW Courier Enterprise Agreement 2023, effective from 1 March 2023. The applicant was directed to take all necessary steps to bring the agreement into effect and to ensure compliance with its terms. The Commission also ordered that the agreement be registered with the Fair Work Commission and published on its website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established