DHL Supply Chain (Australia) Pty Limited Summary

[2021] FWCA 5963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited
(AG2021/7374)

DHL SUPPLY CHAIN WESTERN SYDNEY - NSW ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER O’NEILL	MELBOURNE, 27 SEPTEMBER 2021

Application for approval of the DHL Supply Chain Western Sydney - NSW Enterprise Agreement 2021

[1] DHL Supply Chain (Australia) Pty Limited has applied for approval of an enterprise agreement known as the DHL Supply Chain Western Sydney - NSW Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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] The Agreement lodged contained an error at clause 22. The clause erroneously cross-referenced subclauses that did not exist. On 23 September 2021, the Employer filed an amended agreement. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.

[5] 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, DHL Supply Chain (Australia) Pty Limited applied for the approval of the DHL Supply Chain Western Sydney - NSW Enterprise Agreement 2021. The application was made under the Fair Work Act 2009. The dispute centred around the fairness and efficacy of the proposed enterprise agreement, which aimed to regulate the employment conditions of workers within the Western Sydney region.

The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act, specifically whether it was a "better off overall test" agreement, meaning that the overall balance of benefits and detriments to the employees was favourable. The assessment involved evaluating the proposed terms and conditions, including wages, hours of work, leave provisions, and other employment-related matters.

The Commission examined the evidence presented by both parties and considered the impact of the agreement on the employees. It found that the proposed agreement provided a fair and reasonable balance of benefits and detriments for the employees, meeting the requirements of the Act. The agreement was thus approved, and the Commission made orders to this effect.

The final orders included the approval of the enterprise agreement, with specific provisions regarding the application and enforcement of the agreement. The decision affirmed the importance of fair and effective enterprise agreements in regulating employment conditions and ensuring a balanced approach to the interests of both employers and employees.

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