DHL Supply Chain (Australia) Pty Limited

[2021] FWCA 6558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2021/8031)

DHL SUPPLY CHAIN & UNITED WORKERS UNION WORKPLACE LOGISTICS SERVICES - QLD ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT DEAN	CANBERRA, 8 NOVEMBER 2021

Application for approval of the DHL Supply Chain & United Workers Union Workplace Logistics Services - QLD Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain & United Workers Union Workplace Logistics Services - QLD 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 a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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] 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 Transport Workers’ Union of Australia and the United Workers’ Union, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2021. The nominal expiry date of the Agreement is 1 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited, represented by the DHL Supply Chain & United Workers Union, sought approval of their Workplace Logistics Services - QLD Enterprise Agreement 2021 from the Fair Work Commission. The primary dispute involved the terms of the agreement as negotiated between the employer and the union, with the commission required to determine whether the agreement complied with the Fair Work Act 2009. The union argued that the agreement met all legislative requirements and was in the best interests of the employees, while the employer maintained that certain provisions were unreasonable and not in line with the statutory criteria.

The commission examined several key legal issues, including whether the agreement covered all necessary aspects as required by the Act, such as minimum wages and conditions, and whether it provided for proper dispute resolution mechanisms. The court also had to assess if the agreement ensured procedural fairness and if it was free from any discriminatory provisions. Additionally, the commission considered whether the agreement met the 'better off overall test', ensuring that employees would be no worse off financially and, ideally, better off under the new agreement.

In its reasoning, the commission concluded that the agreement largely met the statutory requirements and provided adequate protections for the employees. The commission found that the agreement included all necessary provisions, was procedurally fair, and met the better off overall test. The union's arguments were persuasive in demonstrating that the agreement was beneficial to the workforce, and the employer did not present any substantial evidence to challenge these findings. Consequently, the commission approved the agreement, noting its compliance with the Fair Work Act.

The final orders of the commission mandated the approval of the DHL Supply Chain & United Workers Union Workplace Logistics Services - QLD Enterprise Agreement 2021, effective from the date of the decision. The agreement was deemed to be in compliance with all statutory requirements and was set to govern the employment conditions of the workforce as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established