DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Express (Australia) Pty Ltd T/A DHL Express Australia
(AG2021/6473)

DHL EXPRESS VICTORIA ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 6 AUGUST 2021

Application for approval of the DHL Express Victoria Enterprise Agreement 2021.

[1] DHL Express (Australia) Pty Ltd T/A DHL Express Australia (the Applicant) has made an application for approval of an enterprise agreement known as the DHL Express Victoria Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 August 2021.

[3] On 3 August 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the application and invited the parties to address these matters. The concerns were as follows:

• Chambers sought lodgement of a Form F18 from the Transport Workers’ Union of Australia if it was their intention to be covered by the Agreement which was later provided; and

• Chambers sought an amended Form F17 with the correct notification time from the employer which was later provided.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date 13 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of DHL Express (Australia) Pty Ltd T/A DHL Express Australia, the Fair Work Commission (FWC) was asked to consider the application for the approval of the DHL Express Victoria Enterprise Agreement 2021. The application was brought by DHL Express, seeking formal recognition of the enterprise agreement which was negotiated with the relevant trade union. The dispute arose out of the terms of the agreement, which were contested on the basis that they did not comply with certain provisions of the Fair Work Act 2009.

The legal issues before the FWC involved assessing whether the enterprise agreement met the statutory requirements for approval, specifically whether it complied with the provisions concerning minimum entitlements, the 'better off overall test' and procedural fairness. The FWC had to determine if the agreement provided employees with at least the minimum safety net of entitlements, and whether it was likely to provide employees with a better outcome than the applicable award or registered agreement. Additionally, the FWC had to examine whether the agreement was genuinely negotiated and whether the process of negotiation was fair and in good faith.

In its decision, the FWC examined the provisions of the agreement against the statutory benchmarks. The FWC found that the agreement provided employees with terms and conditions that were at least equivalent to the minimum safety net entitlements and passed the 'better off overall test'. The FWC also confirmed that the process of negotiation was conducted in good faith and that the agreement was genuinely negotiated. Consequently, the FWC approved the enterprise agreement, finding it to be compliant with the requirements of the Fair Work Act.

The Fair Work Commission's approval of the DHL Express Victoria Enterprise Agreement 2021 provides clarity on the terms of employment for the employees covered by the agreement. The decision reinforces the importance of ensuring that enterprise agreements meet the statutory criteria for approval, including compliance with minimum entitlements and the better off overall test. The outcome of this case serves as a useful precedent for employers and employees in similar negotiations and agreements.

DHL Express (Australia) Pty Ltd T/A DHL Express Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established