Dhl Supply Chain (Australia) Pty Limited
[2024] FWCA 3220
•10 SEPTEMBER 2024
| [2024] FWCA 3220 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Dhl Supply Chain (Australia) Pty Limited
(AG2024/3099)
DHL SUPPLY CHAIN WESTERN SYDNEY - NSW ENTERPRISE AGREEMENT 2024
| Storage services | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 10 SEPTEMBER 2024 |
Application for approval of the DHL Supply Chain Western Sydney - NSW Enterprise Agreement 2024
Introduction
DHL Supply Chain (Australia) Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the DHL Supply Chain Western Sydney - NSW Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 April 2024 and the Agreement was made on 13 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
National Employment Standards (NES) Precedence Term
Clause 49 of the Agreement provides that in relation to taking personal leave, the employee shall make verbal contact with their supervisor/manager to inform them of their inability to attend for duty, and that this contact is required prior to the commencement of the first shift on which the absence will occur. This may be inconsistent with s.107(2) of the Act, which states that notice must be given to the employer as soon as practicable (which may be a time after the leave has started) and does not require that the notice be verbal.
Clause 51.4(a) of the agreement provides that, for the purposes of compassionate leave, the term ‘immediate family’ includes an employee’s relative or ‘any other person who immediately prior to that person’s death, lived with the employee as a member of the employees family.’ This may be more restrictive than s.104 of the Act (which provides leave may be taken in relation to a member of the employee’s household) and may be inconsistent with the National Employment Standards (NES).
I note that in accordance with the NES precedence term in Clause 5.1 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.
Delegates’ Rights Term
The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.
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.
Section 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.
Section 183 Bargaining Representatives
The United Workers’ Union (UWU), 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), I note that the Agreement covers the UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2024. The nominal expiry date of the Agreement is 20 August 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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