DHL Express (Australia) Pty Ltd
[2024] FWCA 1330
•12 APRIL 2024
| [2024] FWCA 1330 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DHL Express (Australia) Pty Ltd
(AG2024/720)
DHL Express NSW Operations Agent Enterprise Agreement 2024
| Road transport and distribution industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 12 APRIL 2024 |
Application for approval of the DHL Express NSW Operations Agent Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the DHL Express NSW Operations Agent Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DHL Express (Australia) Pty Ltd. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.
Issues were raised with the applicant going to whether the agreement passes the better off overall test (BOOT) referred to in s.186(2)(d). In response the applicant provided undertakings. A copy of the undertakings is attached in Annexure A. The undertakings were provided to the union bargaining representative. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be terms of the Agreement.
The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
Subject to the undertakings I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
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) I note that the Agreement covers the organisation.
The Agreement was approved on 12 April 2024 and, in accordance with s.54, will operate from 19 April 2024. The nominal expiry date of the Agreement at clause 3 is 19 April 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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