DHL Express (Australia) Pty Ltd
[2024] FWCA 4090
•22 NOVEMBER 2024
| [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
<AE526860 PR781566>
Annexure A
0
0
0