Dhl Supply Chain (Australia) Pty Limited

[2021] FWCA 6146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dhl Supply Chain (Australia) Pty Limited
(AG2021/7595)

DHL SUPPLY CHAIN WORKPLACE LOGISTICS SERVICES - NSW/ACT ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER JOHNS	SYDNEY, 6 OCTOBER 2021

Application for approval of the DHS Supply Chain Workplace Logistics Services NSW/ACT Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the DHS Supply Chain Workplace Logistics Services NSW/ACT 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 13 October 2021. The nominal expiry date of the Agreement is 20 August 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of a workplace agreement between DHL Supply Chain (Australia) Pty Limited and its employees under the Fair Work Act 2009. The application was made to the Fair Work Commission, which has jurisdiction over workplace agreements and employment disputes in Australia. The agreement in question was the DHL Supply Chain Workplace Logistics Services NSW/ACT Enterprise Agreement 2021, which aimed to regulate the terms and conditions of employment for certain employees.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was a "better off overall test" (BOOT) agreement, meaning it offered employees at least the same terms and conditions as those they would have under the applicable award, with additional benefits. The Commission also needed to consider whether the agreement complied with other statutory requirements, such as the provision of adequate notice and the opportunity for proper consultation with employees.

In examining the agreement, the Commission assessed the evidence and submissions from both parties. The Commission found that the agreement provided employees with terms and conditions that were at least as good as, and in some cases better than, those provided by the relevant award. The Commission also determined that the agreement met all statutory requirements, including proper consultation with employees and adequate notice. Consequently, the Commission approved the agreement, finding it to be a BOOT agreement that complied with all necessary legal standards.

The Fair Work Commission approved the DHL Supply Chain Workplace Logistics Services NSW/ACT Enterprise Agreement 2021, recognising it as a BOOT agreement that met all statutory requirements for approval under the Fair Work Act. The decision confirmed that the agreement provided employees with terms and conditions that were at least as good as, and in some cases better than, those provided by the relevant award. The Commission's approval ensures that the agreement can now be implemented to regulate the employment terms and conditions of the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established