DHL Express (Australia) Pty Ltd Summary

[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

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, DHL Express (Australia) Pty Ltd, sought approval for the 2024 NSW Operations Agent Enterprise Agreement. This agreement was made between the company and the Retail and Fast Food Workers Union of NSW, which represented the employees. The dispute centred on whether the agreement met the legal standards required for approval, including provisions on working conditions, pay, and other employment terms. The commission was tasked with assessing if the agreement complied with the Fair Work Act 2009 and whether it was made in good faith.

The legal issues primarily revolved around the fairness and compliance of the agreement's terms. The commission examined if the agreement provided fair and reasonable terms and conditions for the employees and if it was genuinely negotiated. The focus was on ensuring the agreement did not unjustifiably disadvantage any party and adhered to the requirements of the Fair Work Act. The commission also considered if the agreement appropriately reflected the needs and interests of both employers and employees.

The Fair Work Commission concluded that the agreement was fair and reasonable, and it was made in good faith. The commission found that the agreement provided for appropriate terms and conditions, adequately balanced the interests of both parties, and complied with the statutory requirements. The commission was satisfied that the agreement met the necessary standards for approval, thus granting the application for approval of the 2024 NSW Operations Agent Enterprise Agreement.

The final order of the commission was to approve the 2024 NSW Operations Agent Enterprise Agreement between DHL Express (Australia) Pty Ltd and the Retail and Fast Food Workers Union of NSW. This decision ensures that the agreement will be legally binding and will govern the employment terms for the employees covered by the agreement.

DHL Express (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established