DHL Supply Chain (Australia) Pty Limited

[2021] FWCA 6416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2021/7742)

DHL SUPPLY CHAIN HORSLEY PARK - NSW ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER LEE	MELBOURNE, 26 OCTOBER 2021

Application for approval of the DHL Supply Chain Horsley Park - NSW Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain Horsley Park - 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] 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 2 November 2021. The nominal expiry date of the Agreement is 7 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, DHL Supply Chain (Australia) Pty Limited applied for the approval of the DHL Supply Chain Horsley Park - NSW Enterprise Agreement 2021. The applicant, a logistics company, sought to formalise the terms of employment for its employees in New South Wales. The dispute centred on the fairness, reasonableness, and compliance of the proposed agreement with relevant federal industrial laws.

The central legal issues before the court involved assessing the agreement's adherence to the requirements set forth in the Fair Work Act 2009. The court had to determine whether the agreement was made in good faith, free from coercion, and met the minimum standards for employees' rights and conditions. Additionally, the court examined whether the agreement appropriately covered the requisite bargaining items and was procedurally sound.

In delivering the judgment, the Fair Work Commission considered various factors, including the negotiating process, the content of the agreement, and the compliance with statutory provisions. The Commission found that the agreement was made in good faith and without coercion, and it contained terms that were fair and reasonable for the employees. The Commission also concluded that the agreement complied with all relevant industrial laws and met the procedural requirements for approval.

As a result, the Fair Work Commission approved the DHL Supply Chain Horsley Park - NSW Enterprise Agreement 2021. The approved agreement would now govern the employment conditions of the relevant employees, ensuring they receive fair treatment and compliance with the standards set by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established