DHL Supply Chain (Australia) Pty Limited

[2021] FWCA 6475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2021/7950)

DHL SUPPLY CHAIN BRANCH - NSW ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT DEAN	CANBERRA, 29 OCTOBER 2021

Application for approval of the DHL Supply Chain Branch - NSW Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain Branch - NSW 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] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2021. The nominal expiry date of the Agreement is 20 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved DHL Supply Chain (Australia) Pty Limited and its employees, represented by the Retail and Fast Food Workers Union. The dispute centred around the approval of the DHL Supply Chain Branch - NSW Enterprise Agreement 2021. The employees sought approval for the agreement, while the employer, DHL, argued against certain provisions. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was "in the interests of the national system" and whether it complied with the "better off overall test" as stipulated in the Fair Work Act. The employer contested specific provisions related to pay rates and conditions, arguing they were not in the best interest of the employees or the broader workforce. The Commission had to assess whether the agreement provided fair and reasonable terms for the employees while considering the broader implications for the national workplace system.

In its decision, the Fair Work Commission determined that the DHL Supply Chain Branch - NSW Enterprise Agreement 2021 was in the interests of the national system and met the better off overall test. The Commission acknowledged the employer's concerns but found that the agreement provided a fair balance of rights and obligations for both parties. The provisions in question were deemed reasonable and necessary to ensure the employees' terms and conditions were fair and competitive within the industry. The Commission approved the agreement, noting the importance of maintaining fair and effective industrial relations within the logistics sector.

As a result of the decision, the Fair Work Commission approved the DHL Supply Chain Branch - NSW Enterprise Agreement 2021, effective from the date of the decision. The agreement now legally binds both the employer and the employees, setting out the terms and conditions of employment for the specified period. The employer and employees are now required to adhere to the provisions of the approved agreement, and any disputes arising from its interpretation or application must be resolved in accordance with 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