DHL Supply Chain (Australia) Pty Limited Summary

[2024] FWCA 3432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2024/3513)

DHL SUPPLY CHAIN WORKPLACE LOGISTICS SERVICES - NSW/ACT ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT DEAN	CANBERRA, 1 OCTOBER 2024

Application for approval of the DHL Supply Chain Workplace Logistics Services - NSW/ACT Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the DHL Supply Chain Workplace Logistics Services - NSW/ACT Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DHL Supply Chain (Australia) Pty Limited. The Agreement is a single enterprise agreement.

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

The United Workers’ Union, 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2024. The nominal expiry date of the Agreement is 20 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited applied to the Fair Work Commission for approval of the DHL Supply Chain Workplace Logistics Services - NSW/ACT Enterprise Agreement 2024. The application concerned the terms and conditions of employment for employees within the logistics services sector in New South Wales and the Australian Capital Territory. The Fair Work Commission was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This included ensuring that the agreement provided for fair and reasonable terms, did not undermine the safety net of minimum standards, and was genuinely negotiated and agreed upon by the parties involved.

The primary legal issues the Fair Work Commission needed to resolve were whether the agreement provided for fair and reasonable terms, and whether it complied with the procedural requirements set out in the Fair Work Act 2009. The Commission also needed to determine if the agreement contained provisions that were not genuinely bargained, and whether it undermined the safety net of minimum standards. Given the complexity of these issues, the Commission considered submissions from both DHL Supply Chain and the relevant union, as well as any other interested parties.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission was satisfied that the agreement had been genuinely negotiated and agreed upon by the parties. It also concluded that the agreement did not undermine the safety net of minimum standards and met all the procedural requirements for approval under the Fair Work Act 2009. Consequently, the Commission approved the DHL Supply Chain Workplace Logistics Services - NSW/ACT Enterprise Agreement 2024.

DHL Supply Chain (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established