Dhl Supply Chain (Australia) Pty Limited T/A Dhl Supply Chain Summary

[2024] FWCA 4508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Dhl Supply Chain (Australia) Pty Limited T/A Dhl Supply Chain

(AG2024/4335)

DHL SUPPLY CHAIN INGLEBURN - NSW ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 DECEMBER 2024

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

An application has been made for approval of an enterprise agreement to be known as the DHL Supply Chain Ingleburn - NSW Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dhl Supply Chain (Australia) Pty Limited T/A Dhl Supply Chain (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 4 December 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2024. The nominal expiry date of the Agreement is 7 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved an application by DHL Supply Chain (Australia) Pty Limited, trading as DHL Supply Chain, to the Fair Work Commission for approval of the DHL Supply Chain Ingleburn - NSW Enterprise Agreement 2024. The dispute arose from negotiations between the company and its employees over the terms of their employment, specifically the proposed changes in the enterprise agreement. The matter was heard by the Fair Work Commission, which is tasked with overseeing the approval process of enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission had to determine if the agreement was made in good faith and involved sufficient consultation between the parties. Substantively, the Commission assessed whether the agreement met the "better off overall test," which requires that the proposed terms be at least as good as the existing conditions for the majority of the employees. Additionally, the Commission examined if the agreement contained any terms that were against public policy or contrary to the general principles of the Act.

In rendering its decision, the Fair Work Commission found that the proposed enterprise agreement complied with both the procedural and substantive requirements of the Fair Work Act. The Commission noted that the negotiation process involved significant consultation and that the proposed terms were indeed better off overall for the majority of the employees. The Commission also determined that the agreement did not contravene any public policy or the general principles of the Act. Consequently, the Commission approved the DHL Supply Chain Ingleburn - NSW Enterprise Agreement 2024, deeming it fit for registration.

As a result of the Commission's approval, the new enterprise agreement will now govern the employment conditions of the workers covered by the agreement, effective from the date of registration. This decision marks the formal conclusion of the negotiation process and establishes the new terms of employment for the workers at the Ingleburn facility.

Dhl Supply Chain (Australia) Pty Limited T/A Dhl Supply Chain

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established