DHL Express (Australia) Pty Limited

[2022] FWCA 307

[2022] FWCA 307

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

DHL Express (Australia) Pty Limited

(AG2021/9156)

DHL EXPRESS NSW OPERATIONS AGENT ENTERPRISE AGREEMENT 2021

Road transport industry
Commissioner Matheson	SYDNEY, 2 FEBRUARY 2022

Application for approval of the DHL Express NSW Operations Agent Enterprise Agreement 2021.

1. An application has been made for approval of an enterprise agreement known as DHL Express NSW Operations Agent Enterprise Agreement 2021 (Agreement). The application was made by DHL Express (Australia) Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act. I also consider it appropriate in the circumstances allow an amendment to the Agreement to include the amended signature page and make the correction pursuant to s.586(a) of the Act.

1. Since the application was made, the Commission sought further information in relation to pre-approval requirements. The Applicant provided a response addressing the Commission’s concerns.

1. The Applicant, who is the employer covered by the Agreement, has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). The views of each person I know was a bargaining representative for the Agreement were sought in relation to the Undertaking no objections were raised. I am satisfied that the effect of accepting the Undertaking is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertaking.

1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The Transport Workers’ Union of Australia, 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 that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2022. The nominal expiry date of the Agreement is 9 February 2024.

COMMISSIONER

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Annexure A