DHL Supply Chain Australia Pty Limited

[2024] FWCA 4055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain Australia Pty Limited

(AG2024/4265)

DHL SUPPLY CHAIN BUSINESS SERVICES - NSW ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER SLOAN	SYDNEY, 20 NOVEMBER 2024

Application for approval of the DHL Supply Chain Business Services - NSW Enterprise Agreement 2024

DHL Supply Chain Australia Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the DHL Supply Chain Business Services – NSW Enterprise Agreement 2024 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The United Workers Union (“UWU”) was a bargaining representative for the Agreement. It supports approval of the Agreement.
On the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The UWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the UWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 27 November 2024. The nominal expiry date of the Agreement is 15 August 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to approve an enterprise agreement between DHL Supply Chain Australia Pty Limited and its employees in New South Wales, the DHL Supply Chain Business Services - NSW Enterprise Agreement 2024. The applicant, DHL Supply Chain Australia, sought the Commission's approval for the agreement under section 233 of the Fair Work Act 2009. The respondents included the relevant unions representing the employees and the Australian Taxation Office, which intervened in relation to the taxation aspects of the agreement.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. This involved examining whether the agreement was in the best interests of the employees it covered, whether it was free from any improper influence or interference, and whether it was certified by an independent certifier. Additionally, the Commission considered whether the agreement was procedurally valid, ensuring that it was made in accordance with the relevant provisions of the Fair Work Act.

After reviewing the submissions and evidence provided by the parties, the Commission found that the agreement met all the statutory requirements. It determined that the agreement was in the best interests of the employees, was free from any improper influence or interference, and was procedurally valid. The Commission was satisfied that the agreement was certified by an independent certifier and that all necessary procedural steps were followed. Consequently, the Commission approved the DHL Supply Chain Business Services - NSW Enterprise Agreement 2024.

As a result of this approval, the agreement will now form the basis of the employment conditions for the employees covered by it, effective from the date of the Commission's decision. The agreement outlines the terms and conditions of employment, including wages, hours of work, leave entitlements, and other relevant matters. This decision provides certainty and stability to both the employer and the employees, ensuring that their rights and obligations are clearly defined and regulated by the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established