DHL Supply Chain Australia Pty Limited Summary

[2024] FWCA 4054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain Australia Pty Limited

(AG2024/4164)

DHL SUPPLY CHAIN HORSLEY PARK - NSW ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER SLOAN	SYDNEY, 20 NOVEMBER 2024

Application for approval of the DHL Supply Chain Horsley Park - 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 Horsley Park – 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 7 June 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 sought approval for the DHL Supply Chain Horsley Park - NSW Enterprise Agreement 2024. The application was brought before the Commission to ensure that the terms and conditions outlined in the proposed agreement complied with the relevant legislative requirements under the Fair Work Act 2009. The Commission was tasked with reviewing the fairness of the agreement to both the employer and the employees involved.

The primary legal issues before the Commission were whether the agreement met the 'better off overall test' and whether it contained provisions that were contrary to the provisions of the Fair Work Act. The Commission had to determine if the proposed agreement provided employees with conditions that were no worse than the applicable national safety net and if the agreement was procedurally sound. Additionally, the Commission needed to consider whether the agreement included any provisions that unfairly disadvantaged the employees or the employer.

The Commission found that the proposed agreement met all the necessary criteria for approval. It was determined that the agreement provided employees with conditions that were at least as good as those provided by the applicable safety net. The Commission also found that the agreement was procedurally sound and did not contain any provisions that were contrary to the Fair Work Act. The terms of the agreement were deemed to be fair and reasonable for both parties involved, satisfying the 'better off overall test'. Consequently, the Commission approved the DHL Supply Chain Horsley Park - NSW Enterprise Agreement 2024.

The Commission's decision was communicated in writing, formally approving the enterprise agreement. The approval took effect from the date specified in the agreement, ensuring that the terms and conditions would apply to the relevant employees from that date onwards. This decision provided clarity and certainty for both DHL Supply Chain Australia Pty Limited and its employees regarding the terms of their employment going forward.

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