DHL Supply Chain (Australia) Pty Limited

[2024] FWCA 3832

[2024] FWCA 3832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2024/3955)

DHL SUPPLY CHAIN BUSINESS SERVICES – VIC ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER REDFORD	MELBOURNE, 1 NOVEMBER 2024

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

1. An application has been made for approval of an enterprise agreement known as the DHL Supply Chain Business Services - VIC 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.

Undertakings

1. The Employer has provided written undertakings. A copy of the undertakings are attached in Annexure A. 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 have sought the views of the bargaining representatives in relation to these undertakings, pursuant to s 190(4) of the Act, and no concerns were raised. The undertakings are taken to be a term of the agreement. The undertakings relate to the following

A.To confirm that, clause 31.3(c) of the Agreement will not apply, and employees covered by the Agreement are entitled to be paid for public holidays in accordance with the Act.

Stand down

1. Clause 59.1 of the Agreement provides for circumstances in which employees covered by the Agreement may be stood down from employment. This clause must be read subject to s 524 of the Fair Work Act 2009 which provides for the circumstances in which an employee may be stood down from their employment.

Approval

1. On the basis of the foregoing, and subject to the undertakings 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.

1. The United Workers Union being a bargaining representative for the Agreement, supports the approval of the Agreement and 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A