DHL Supply Chain (Australia) Pty Limited
[2022] FWCA 810
•7 MARCH 2022
| [2022] FWCA 810 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DHL Supply Chain (Australia) Pty Limited
(AG2022/511)
DHL Supply Chain Business Services - NSW Enterprise Agreement 2021
| Storage services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 7 MARCH 2022 |
Application for approval of the DHL Supply Chain Business Services - NSW Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement to be known as the DHL Supply Chain Business Services - NSW Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by DHL Supply Chain (Australia) Pty Limited (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings dated 3 March 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2022. The nominal expiry date of the Agreement is 15 August 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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