DHL Supply Chain (Australia) Pty Limited

[2022] FWCA 610

[2022] FWCA 610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2022/259)

DHL Supply Chain Parkwest - VIC Enterprise Agreement 2021

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 22 FEBRUARY 2022

Application for approval of the DHL Supply Chain Parkwest - VIC Enterprise Agreement 2021

1. DHL Supply Chain (Australia) Pty Limited (the Applicant) has made an application for approval of an enterprise agreement known as the DHL Supply Chain Parkwest - VIC Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 18 February 2022.

1. On 18 February 2022 my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  Chambers sought additional information from the employer to establish what was told to employees to be satisfied s.180 (5) was met.

·  An undertaking was sought that provided that the definition of shift worker, for the purpose of the Agreement, would be consistent with the Award.

·  Clause 29 relating to carer’s leave and clause 19.2 relating to public holidays may be inconsistent with the National Employment Standards (NES) however the effective NES precedence term at clause 4.2 of the Agreement is deemed to resolve these NES concerns.

1. The Applicant has submitted an undertaking in the required form dated 21 February 2022. The undertaking deals with the following topics:

·  The Applicant provided a definition of shiftworker for the purposes of the National Employment Standards (NES).

1. A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative that responded, did not have any objections to the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The United Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 August 2024.

COMMISSIONER

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