DHL Supply Chain (Australia) Pty Limited Summary

[2021] FWCA 7027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2021/8481)

DHL SUPPLY CHAIN GENERAL LOGISTICS - SA/NT ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2021

Application for approval of the DHL Supply Chain General Logistics - SA/NT Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain General Logistics - SA/NT Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DHL Supply Chain (Australia) Pty Limited. 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, 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 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

The applicant, DHL Supply Chain (Australia) Pty Limited, applied for the approval of the DHL Supply Chain General Logistics - SA/NT Enterprise Agreement 2021. This application was made under the Fair Work Act 2009. The dispute arose from the negotiation process of the enterprise agreement, which was to govern the employment conditions of employees working in South Australia and the Northern Territory. The Fair Work Commission (FWC) was the tribunal responsible for adjudicating on the application.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly sections 230 and 231, which pertain to the process and content of enterprise agreements. Specifically, the FWC needed to determine if the agreement was fairly negotiated and if it contained the necessary provisions as per the legislation. The applicant argued that the agreement was the product of good faith bargaining and met all legal requirements.

The FWC examined the negotiation process, the content of the agreement, and the provisions regarding employee entitlements, such as wages, leave, and other conditions. After careful consideration, the FWC concluded that the agreement was fairly negotiated and contained all the required provisions. The tribunal found that the applicant had demonstrated a commitment to the principles of good faith bargaining and had provided sufficient evidence to support the negotiation process. Consequently, the FWC approved the enterprise agreement.

The FWC ordered that the DHL Supply Chain General Logistics - SA/NT Enterprise Agreement 2021 be approved and registered as a registered agreement under the Fair Work Act. This decision effectively formalised the terms and conditions set out in the agreement, binding both the employer and the employees to the stipulated provisions.

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