DHL Supply Chain (Australia) Pty Limited

[2021] FWCA 7098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2021/8431)

DHL SUPPLY CHAIN GENERAL LOGISTICS - VIC ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER MIRABELLA	MELBOURNE, 14 DECEMBER 2021

Application for approval of the DHL Supply Chain General Logistics - VIC Enterprise Agreement 2021.

[1] DHL Supply Chain (Australia) Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the DHL Supply Chain General Logistics - 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.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] 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.

[5] 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) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[6] The Agreement was approved on 14 December 2021 and, in accordance with s. 54, will operate from 21 December 2021. The nominal expiry date of the Agreement is 7 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited applied to the Fair Work Commission for approval of the DHL Supply Chain General Logistics - VIC Enterprise Agreement 2021. The applicants sought to have the agreement registered under the Fair Work Act 2009. The dispute involved various terms and conditions for employees within the logistics sector in Victoria, including pay rates, shift allowances, and other employment-related matters.

The legal issues before the commission included whether the agreement met the formal requirements for approval, such as being in writing and specifying the minimum terms and conditions of employment. The commission also had to consider whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, including whether it provided for the protection of employees' interests and whether it complied with the good faith bargaining requirement. Additionally, the commission needed to assess whether the agreement contained any terms that were contrary to public policy or were otherwise unenforceable.

The Fair Work Commission found that the agreement was in compliance with the statutory requirements and met the necessary criteria for approval. The commission concluded that the agreement provided adequate protection for the employees' interests, contained terms that were not contrary to public policy, and had been made in good faith. The commission also noted that the agreement addressed key issues relevant to the logistics industry and provided a fair and reasonable framework for the employment relationship. Consequently, the application for approval was successful, and the agreement was registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established