DHL Supply Chain (Australia) Pty Limited

[2024] FWCA 3243

[2024] FWCA 3243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2024/3186)

DHL SUPPLY CHAIN WORKPLACE LOGISTICS SERVICES ENTERPRISE AGREEMENT - WA 2024

Storage services
COMMISSIONER CRAWFORD	SYDNEY, 11 SEPTEMBER 2024

Application for approval of the DHL Supply Chain Workplace Logistics Services Enterprise Agreement - WA 2024

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

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

1. Noting clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will have work to do in relation to clause 56 of the Agreement because the NES allows employees to request flexible working arrangements in a broader range of circumstances.

1. The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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