DHL Supply Chain (Australia) Pty Limited

[2021] FWCA 7094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2021/8397)

DHL SUPPLY CHAIN WORKPLACE LOGISTICS SERVICES - VIC ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER MIRABELLA	MELBOURNE, 14 DECEMBER 2021

Application for approval of the DHL Supply Chain Workplace Logistics Services - 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 Workplace Logistics Services - 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 30 November 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 Workplace Logistics Services - VIC Enterprise Agreement 2021. The application was made by the employer, DHL Supply Chain (Australia) Pty Limited, which is seeking to have the agreement recognised under the Fair Work Act 2009. The application was opposed by the union, United Voice, on the basis that the agreement did not meet certain statutory requirements and failed to adequately protect the rights of the employees.

The central legal issues before the Commission were whether the agreement was properly made and whether it met the statutory criteria for approval. The Commission had to determine if the agreement was genuinely negotiated between the employer and the employees or their representatives, if it contained the minimum terms and conditions as required by the Act, and if it provided adequate protections for the employees, particularly in relation to the employer’s ability to make changes to the agreement. The Commission also had to consider if the agreement was in the best interests of the employees and if it provided for a fair and effective method of resolving disputes.

The Commission found that the agreement was genuinely negotiated between the employer and the employees' representatives and contained the minimum terms and conditions required by the Act. The Commission determined that the agreement provided adequate protections for the employees and was in their best interests. The Commission also found that the employer's ability to make changes to the agreement was balanced with the need to protect the employees' rights. The Commission approved the agreement, finding that it met all the statutory requirements for approval.

The Fair Work Commission approved the DHL Supply Chain Workplace Logistics Services - VIC Enterprise Agreement 2021, determining that it was genuinely negotiated, contained the minimum terms and conditions, and provided adequate protections for the employees. The Commission found that the agreement was in the best interests of the employees and provided for a fair and effective method of resolving disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established