DHL Supply Chain (Australia) Pty Limited Summary

[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

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

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

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

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.

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.

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

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the DHL Supply Chain Business Services - VIC Enterprise Agreement 2024, with the applicant being DHL Supply Chain (Australia) Pty Limited. The matter was heard by the Fair Work Commission, a tribunal under the Fair Work Act 2009. The nature of the dispute was whether the proposed enterprise agreement complied with the statutory requirements for approval, specifically in relation to the agreement's provisions on wages, conditions, and the process for its negotiation and approval.

The central legal issues the Commission had to address were whether the agreement met the threshold criteria for approval, including the requirement that it be in the best interests of the employees covered by the agreement. The Commission also had to consider whether the agreement had been negotiated in good faith and whether it complied with the procedural requirements of the Act. Additionally, the Commission needed to assess if the agreement provided for a fair and reasonable balance of rights and obligations between the employer and the employees.

In its decision, the Commission found that the proposed agreement met all the necessary criteria for approval. The Commission noted that the agreement had been negotiated in good faith and provided for fair and reasonable terms for the employees. The Commission was satisfied that the agreement complied with the statutory requirements, including the procedural and substantive provisions of the Act. The Commission approved the agreement on the basis that it would provide for a fair and reasonable balance of rights and obligations between the employer and the employees.

The Fair Work Commission approved the DHL Supply Chain Business Services - VIC Enterprise Agreement 2024, effective from 1 July 2024. The Commission determined that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement complied with the procedural and substantive requirements of the Act, including the requirement for good faith negotiation.

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