DHL Supply Chain (Australia) Pty Limited Summary

[2022] FWCA 546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2022/105)

DHL Supply Chain Consumer Oakdale Close - NSW Enterprise Agreement 2021

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 FEBRUARY 2022

Application for approval of the DHL Supply Chain Consumer Oakdale Close - NSW Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the DHL Supply Chain Consumer Oakdale Close - 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 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 24 February 2022. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant DHL Supply Chain (Australia) Pty Limited sought approval of the DHL Supply Chain Consumer Oakdale Close – NSW Enterprise Agreement 2021. The respondent, the Australian Council of Trade Unions, opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The case centred on whether the agreement contained all necessary terms and conditions, and whether the process for reaching the agreement was fair and transparent.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory criteria for approval under the Fair Work Act. This included assessing whether the agreement had been made in good faith, whether it contained minimum entitlements and other terms and conditions, and whether it was free from any unlawful content. The Commission also needed to determine whether the agreement had been negotiated fairly and whether there was sufficient employee consultation.

The Commission found that the application met all the necessary criteria for approval. The agreement contained all the required terms and conditions, including minimum entitlements, and was free from any unlawful content. The process for reaching the agreement was fair and transparent, with sufficient employee consultation. The Commission noted that the agreement had been negotiated in good faith and that all parties had acted reasonably throughout the process. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the DHL Supply Chain Consumer Oakdale Close – NSW Enterprise Agreement 2021. The agreement is now legally binding on the parties and will apply to the relevant employees until it is replaced or terminated in accordance with the Fair Work Act.

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