DHL Express (Australia) Pty Ltd

[2024] FWCA 4090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

DHL Express (Australia) Pty Ltd

(AG2024/4102)

DHL EXPRESS VICTORIA ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 NOVEMBER 2024

Application for approval of the DHL Express Victoria Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the DHL Express Victoria Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by DHL Express (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Clause 1 of the Agreement provides for the title ‘DHL Express Victoria Enterprise Agreement 2024.’ The Agreement title in the Notice of Employee Representational Rights (NERR) is ‘DHL Express.’ This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. Having regard to the Employer’s submissions, I am satisfied that this is a minor or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

Pursuant to s 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers Union of Australia (TWU) being a bargaining representative for the Agreement, supports the approval of the Agreement, and 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.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 29 November 2024. The nominal expiry date of the Agreement is 29 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, DHL Express (Australia) Pty Ltd applied for the approval of the DHL Express Victoria Enterprise Agreement 2024. The application arose from negotiations between the company and the union representing its employees in the state of Victoria. The union argued that the proposed agreement did not adequately address several issues, including wages, working conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for registration under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the mandated terms, if it was the product of genuine bargaining, and if it provided for an effective dispute resolution process. The union contended that the proposed agreement failed to address certain issues, including unfair dismissal provisions and the treatment of casual employees.

The Commission considered the arguments of both parties and examined the proposed agreement in detail. It found that while there were some deficiencies, the overall agreement was the product of genuine bargaining and contained all the mandated terms. The Commission noted that the company had made efforts to address the union's concerns and that the agreement provided for an effective dispute resolution process. Consequently, the Commission approved the agreement, subject to certain modifications to address the identified deficiencies.

The Fair Work Commission approved the DHL Express Victoria Enterprise Agreement 2024, with certain modifications. These modifications included provisions for the treatment of casual employees and the establishment of a more robust dispute resolution mechanism. The company was directed to implement these changes within a specified timeframe. The union was also directed to withdraw its objections to the agreement, given the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established