DHL Supply Chain (Australia) Pty Limited

[2021] FWCA 7047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2021/8344)

DHL SUPPLY CHAIN CONSUMER WESTERN SYDNEY - NSW ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER P RYAN	SYDNEY, 9 DECEMBER 2021

Application for approval of the DHL Supply Chain Consumer Western Sydney - NSW 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 Consumer Western Sydney – NSW Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Notice of employee representational rights

[2] The notice of employee representational rights (the NERR) erroneously referred to the name of the proposed enterprise agreement as the DHL Supply Chain (Australia) Pty Limited Consumer Western Sydney Enterprise Agreement – New South Wales 2021. The Employer provided submissions as to this error on 30 November 2021.

[3] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 that this constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

[4] As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

Regulation 2.06A Requirements

[5] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed on 30 December 2021. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

[6] The employer provided written undertakings on 6 December 2021. 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.

Sections 186, 187, 188 and 190

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining representatives

[8] The United Workers Union (UWU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

[9] In accordance with s.201(2) of the Act, I note that the Agreement covers the UWU.

Approval

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2021. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

In the Fair Work Commission, the matter of DHL Supply Chain (Australia) Pty Limited was presented for consideration of the approval of the DHL Supply Chain Consumer Western Sydney - NSW Enterprise Agreement 2021. The applicant, DHL Supply Chain (Australia) Pty Limited, sought the Commission's approval of the proposed enterprise agreement. The agreement was negotiated between the applicant and the relevant union, and it was necessary for the Commission to assess whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was to determine whether the proposed agreement complied with the relevant provisions of the Fair Work Act. This involved examining the agreement to ensure it met the criteria for registration, including that it facilitated the improvement of the workplace relationship between the parties and was not likely to have a detrimental effect on the operation of an enterprise. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring it did not unfairly disadvantage any party.

The Commission meticulously reviewed the provisions of the agreement, taking into account the statutory requirements and the broader principles of fairness and good faith bargaining. It considered the negotiation process and the outcomes of the agreement, including the terms and conditions of employment, such as wages, working hours, and dispute resolution mechanisms. The Commission concluded that the agreement met the necessary criteria for approval, as it was not likely to have a detrimental effect on the enterprise and appropriately balanced the interests of both parties. Consequently, the Commission approved the DHL Supply Chain Consumer Western Sydney - NSW Enterprise Agreement 2021, recognising its compliance with the relevant legal standards.

Notice of employee representational rights

Regulation 2.06A Requirements

Section 190 Undertakings

Sections 186, 187, 188 and 190

Section 183 Bargaining representatives

Approval

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established