DHL Express (Australia) Pty Ltd T/A DHL Express Australia
[2022] FWCA 2135
•28 JUNE 2022
| [2022] FWCA 2135 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DHL Express (Australia) Pty Ltd T/A DHL Express Australia
(AG2022/1704)
DHL EXPRESS PERTH ENTERPRISE AGREEMENT 2022
| Road transport industry | |
| COMMISSIONER P RYAN | SYDNEY, 28 JUNE 2022 |
Application for approval of the DHL Express Perth Enterprise Agreement 2022
DHL Express (Australia) Pty Ltd Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the DHL Express Perth Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Notice of Employee Representational Rights
The Notice of Employee Representational Rights referred to the name of the Agreement as the “DHL Express Perth Enterprise Agreement 2018”.
I am satisfied in all of the circumstances and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in 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
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, 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.
National Employment Standards (NES)
I observe that clauses 26.1 and 26.6 of the Agreement may be inconsistent with the NES. However, noting clause 6.1 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining representatives
The Transport Workers Union (TWU) 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) of the Act, I note that the Agreement covers the TWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2022. The nominal expiry date of the Agreement is 28 June 2025.
COMMISSIONER
[1] [2019] FWCFB 318.
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