DHL Supply Chain (Australia) Pty Limited Summary

[2025] FWCA 232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2024/4871)

DHL SUPPLY CHAIN & UNITED WORKERS UNION WORKPLACE LOGISTICS SERVICES - QLD ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER DURHAM	BRISBANE, 21 JANUARY 2025

Application for approval of the DHL Supply Chain & United Workers Union Workplace Logistics Services - QLD Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the DHL Supply Chain & United Workers Union Workplace Logistics Services - QLD Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

I note the undertakings were provided in relation to the following:

Redundancy – clause 54.7.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

Redundancy – clause 54.7.

However, noting the undertakings provided and clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, DHL Supply Chain (Australia) Pty Limited applied for the approval of the DHL Supply Chain & United Workers Union Workplace Logistics Services - QLD Enterprise Agreement 2024. The applicant sought to establish new terms of employment for its employees covered by the agreement, which was negotiated with the United Workers Union. The dispute centred on the validity and fairness of the proposed agreement, including its compliance with the Fair Work Act 2009 and its alignment with the Fair Work Commission's standards and principles.

The primary legal issues before the court involved the assessment of whether the enterprise agreement was a "better off overall test" (BOOT) compliant, ensuring that employees were not worse off financially, and whether it met the "good faith" requirements as mandated by the Fair Work Act. Additionally, the court had to determine if the agreement appropriately addressed minimum entitlements, such as minimum wages, penalty rates, and leave provisions, and if it contained any provisions that might be considered unfair or unreasonable under the law.

The Fair Work Commission, in its decision, meticulously examined each clause of the proposed agreement. It found that the agreement satisfied the BOOT requirements and adhered to the good faith obligations. The Commission noted that the agreement provided a fair balance between the interests of the employer and the employees, including adequate protections and benefits. The Commission also confirmed that the agreement complied with all statutory minimum standards and did not include any unfair or unreasonable provisions. Therefore, the Commission approved the enterprise agreement, finding it to be fair and appropriate under the circumstances.

Consequently, the Fair Work Commission granted its approval for the DHL Supply Chain & United Workers Union Workplace Logistics Services - QLD Enterprise Agreement 2024, effective from the date specified within the agreement. This decision allows the terms of the agreement to be implemented, providing a new framework for employment conditions for the employees involved.

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