DHL Express (Australia) Pty Ltd
[2025] FWCA 741
•26 FEBRUARY 2025
| [2025] FWCA 741 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
DHL Express (Australia) Pty Ltd
(AG2024/5229)
DHL EXPRESS AUSTRALIA CUSTOMER SERVICE ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 26 FEBRUARY 2025 |
Application for approval of the DHL Express Australia Customer Service Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the DHL Express Australia Customer Service Enterprise Agreement 2024 (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.
The material filed in support of the application indicated that the employees were provided with a copy of the proposed agreement and material incorporated by reference on 28 November 2024. Voting on the Agreement commenced on 5 December 2024. This means that the employees had less than 7 full calendar days to consider the Agreement before voting on it as referred to in clauses 5 and 6 of the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 (Statement of Principles). I am required to take the Statement of Principles into account in determining whether I am satisfied that the Agreement has been genuinely agreed to by the employees covered by it. Notwithstanding the fact that the employees had slightly less than 7 full calendar days to consider the Agreement and noting the history of the negotiations for the Agreement and measures taken to assist employees give proper consideration to the Agreement after it was provided, I am nonetheless satisfied that the Agreement was genuinely agreed to by the employees.
Clause 9 of the Agreement is a term relating to workplace delegates’ rights. The effect of the clause is not entirely clear. The Applicant proffered an undertaking to address the issue however I do not consider that this adequately clarifies the effect of the clause. In the circumstances I consider that the term is less favourable than the delegates’ rights term in the relevant modern award, the Clerks - Private Sector Award 2020. In accordance with s.201(1A) of the Act, I note that clause 37A Workplace delegates’ rights, of that Award is taken to be a term of the Agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 6 of the Agreement provides that this agreement shall be read and interpreted in conjunction with the National Employment Standards (NES). Where there is inconsistency, between this agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency. To the extent that clause 29 of the Agreement may be inconsistent with the provisions of the NES relating to public holidays, clause 6 of the Agreement addresses that issue.
The Agreement is approved and will operate in accordance with s.54 of the Act. The Agreement will remain in force for a period of 3 years from the date on which the Agreement commences to operate.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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