Dhl Supply Chain (Australia) Pty Limited

[2025] FWCA 81

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Dhl Supply Chain (Australia) Pty Limited

(AG2024/4512)

DHL SUPPLY CHAIN CONSUMER OAKDALE CLOSE – NSW ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JANUARY 2025

Application for approval of the DHL Supply Chain Consumer Oakdale Close – NSW Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the DHL Supply Chain Consumer Oakdale Close – NSW 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 Agreement is a single enterprise agreement.

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.

I note that the Agreement contains an NES precedence clause at cl. 2.1, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2025. The nominal expiry date of the Agreement is 20 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant DHL Supply Chain (Australia) Pty Limited applied for the approval of the DHL Supply Chain Consumer Oakdale Close – NSW Enterprise Agreement 2024. The dispute concerns the terms and conditions of employment for employees covered by the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009. This involved assessing the agreement against various statutory requirements, including provisions related to the proper bargain, employee representation, and the avoidance of unfair dismissal.

The primary legal issue before the Commission was whether the agreement complied with all statutory requirements for approval. This included verifying that the agreement was made in good faith, that it was the product of a proper bargaining process, and that it did not unfairly disadvantage any of the parties. The Commission also had to ensure that the agreement included minimum entitlements as prescribed by the Act and did not contain any terms that were inconsistent with the Fair Work Act or regulations. Furthermore, the Commission needed to consider whether the agreement had been fairly negotiated and if it provided for a fair and efficient workplace.

In reaching its decision, the Commission carefully reviewed the proposed agreement and found that it met all statutory requirements for approval. The agreement was found to have been negotiated in good faith and to include all minimum entitlements as required by the Act. The Commission was satisfied that the agreement provided for a fair and efficient workplace, and that it did not unfairly disadvantage any party. The terms of the agreement were considered to be reasonable and necessary for the efficient operation of the workplace. Consequently, the Commission approved the application and certified the enterprise agreement as meeting the legal criteria for approval.

The Fair Work Commission certified the DHL Supply Chain Consumer Oakdale Close – NSW Enterprise Agreement 2024 as compliant with the Fair Work Act 2009. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the employees covered by the agreement. This decision provides clarity and certainty for both the employer and the employees, ensuring that the workplace operates within the legal framework established by the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established