DHL Supply Chain (Australia) Pty Limited Summary

[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

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.

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.

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.

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.

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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CaseChat Overview and Summary

The case before the Fair Work Commission involved DHL Supply Chain (Australia) Pty Limited, and concerned the approval of a workplace logistics services enterprise agreement. The agreement, proposed by the company, aimed to cover the terms and conditions of employment for workers in Western Australia. The applicants for the agreement were DHL Supply Chain (Australia) Pty Limited and the relevant union, which had negotiated the terms on behalf of the employees. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, including its compliance with the ‘better off overall test’ and other procedural requirements.

The legal issues that the commission was required to address included whether the proposed agreement provided employees with a fair and reasonable outcome, as compared to their existing terms and conditions. It was also necessary to determine if the union had genuinely negotiated the agreement in good faith and if the agreement was consistent with the national employment standards and other relevant laws. Additionally, the commission had to consider whether the consultation process was adequate and whether the agreement met the procedural requirements for approval.

The Fair Work Commission, after examining the submissions and evidence presented by both parties, determined that the proposed agreement met the criteria for approval. The commission found that the agreement provided employees with a fair and reasonable outcome, as it included several benefits such as increased wages, improved leave entitlements, and other provisions that enhanced the overall conditions of employment. The commission also concluded that the union had genuinely negotiated the agreement in good faith and that the consultation process was adequate. Consequently, the commission approved the DHL Supply Chain Workplace Logistics Services Enterprise Agreement - WA 2024, finding it to be compliant with the relevant statutory requirements.

The final orders of the commission included the approval of the enterprise agreement, which would now govern the employment conditions of the relevant workers in Western Australia. The agreement was set to commence on a date specified in the decision, and the parties were directed to take all necessary steps to give effect to the approved agreement.

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