DHL Supply Chain (Australia) Pty Limited Summary

[2021] FWCA 6276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2021/7478)

DHL SUPPLY CHAIN BUSINESS SERVICES - WA ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 15 OCTOBER 2021

Application for approval of the DHL Supply Chain Business Services - WA Enterprise Agreement 2021.

[1] DHL Supply Chain (Australia) Pty Limited has applied for approval of a single enterprise agreement known as the DHL Supply Chain Business Services - WA Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] 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. 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).

[4] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative did not oppose the Undertaking. 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. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[5] Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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.

[7] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 15 October 2021 and, in accordance with s.54, will operate from 22 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

[9] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the DHL Supply Chain Business Services - WA Enterprise Agreement 2021. The applicant, DHL Supply Chain (Australia) Pty Limited, sought to have the agreement registered under the Fair Work Act 2009. The nature of the dispute was primarily procedural, focusing on whether the agreement met the statutory requirements for approval, including the process by which it was negotiated and the manner in which it was presented for registration.

The central legal issue the Commission had to address was whether the enterprise agreement complied with the procedural requirements stipulated in the Fair Work Act. Specifically, the Commission examined whether the agreement was fairly and genuinely negotiated and whether the necessary steps were taken to ensure that employees had an opportunity to vote on the agreement. Another key concern was the interpretation of the "good faith" requirement under the Act and whether DHL Supply Chain (Australia) Pty Limited had acted in good faith throughout the negotiation and approval process.

In its decision, the Fair Work Commission assessed the evidence provided by DHL Supply Chain (Australia) Pty Limited, including documentation of the negotiation process and the results of any employee consultations. The Commission found that the agreement was indeed negotiated in good faith and that the process adhered to the statutory requirements. The evidence demonstrated that the company had taken reasonable steps to inform and consult with employees, allowing them an opportunity to provide input and vote on the agreement. The Commission concluded that the procedural fairness criteria were satisfied and that the agreement met all legislative requirements for approval.

As a result, the Fair Work Commission approved the DHL Supply Chain Business Services - WA Enterprise Agreement 2021, ordering it to be registered. The Commission noted that the agreement would now become binding on the parties involved, and it emphasised the importance of continued compliance with the Fair Work Act in future dealings under the agreement.

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