DHL Supply Chain (Australia) Pty Limited

[2024] FWCA 3178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2024/3068)

DHL SUPPLY CHAIN TRANSPORT SOLUTIONS - VIC ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER TRAN	MELBOURNE, 5 SEPTEMBER 2024

Application for approval of the DHL Supply Chain Transport Solutions - VIC Enterprise Agreement 2024

DHL Supply Chain (Australia) Pty Limited has applied for approval of an enterprise agreement known as DHL Supply Chain Transport Solutions - VIC Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

The Employer has 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.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 September 2024.

In accordance with Clause 5.1, the nominal expiry date of the Agreement is 1 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter are DHL Supply Chain (Australia) Pty Limited and its employees, who are members of the Transport Workers Union of Australia. The dispute centres around the application for approval of the DHL Supply Chain Transport Solutions - VIC Enterprise Agreement 2024. The Fair Work Commission heard and determined this matter. The legal issues that the Commission had to address included whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of providing fair and reasonable terms for employees, and whether it complied with the procedural requirements for approval.

The Commission examined the provisions of the agreement, including the terms and conditions of employment, pay rates, and other benefits. The Commission also considered submissions from both the employer and the union, as well as any relevant statutory provisions. It was crucial to determine if the agreement was in the best interests of the employees and if it complied with the relevant legal standards. The Commission concluded that the agreement was fair and reasonable, and it met all necessary requirements under the Fair Work Act 2009. The agreement was approved as it provided for a fair balance between the interests of the employer and the employees.

In reaching its decision, the Commission gave weight to the fact that the agreement had been negotiated in good faith and that it provided for adequate pay rates and conditions. The Commission also noted that the agreement did not unfairly disadvantage any group of employees and that it complied with all procedural requirements for approval. The Commission's decision was based on a thorough analysis of the agreement and the relevant legal framework. The final orders included the approval of the DHL Supply Chain Transport Solutions - VIC Enterprise Agreement 2024, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established