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

[2024] FWCA 4439

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

(AG2024/4402)

DHL SUPPLY CHAIN SYDNEY LOGISTICS SOLUTIONS ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 DECEMBER 2024

Application for approval of the DHL Supply Chain Sydney Logistics Solutions Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the DHL Supply Chain Sydney Logistics Solutions 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 2 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.

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 19 December 2024. The nominal expiry date of the Agreement is 20 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by DHL Supply Chain (Australia) Pty Limited, trading as DHL Supply Chain, for the approval of the DHL Supply Chain Sydney Logistics Solutions Enterprise Agreement 2024. The primary parties in dispute were the employer, DHL Supply Chain, and the employees covered under the proposed enterprise agreement. The dispute centred on whether the terms and conditions outlined in the proposed agreement complied with the relevant legislative framework governing enterprise agreements under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which has the authority to approve such agreements if they meet the necessary legal standards.

The legal issues the court had to decide were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including the provisions regarding genuine bargaining, the coverage of the agreement, and the terms and conditions set out within it. The court had to ensure that the agreement was fairly negotiated, provided for minimum terms and conditions, and did not discriminate against employees in a manner contrary to the Act. Additionally, the court examined whether the agreement met the procedural requirements for approval, such as being lodged with the Fair Work Commission within the stipulated time frame and being accompanied by the necessary documentation.

The Fair Work Commission determined that the proposed enterprise agreement was compliant with the Fair Work Act 2009. The court found that the agreement had been genuinely negotiated between the employer and the employees' representatives. It met all the statutory minimum terms and conditions and did not include any discriminatory provisions. Furthermore, the procedural requirements for the approval of the agreement were satisfied, with all necessary documentation and evidence of genuine bargaining provided. Consequently, the court approved the DHL Supply Chain Sydney Logistics Solutions Enterprise Agreement 2024.

The final orders of the Fair Work Commission included the approval of the DHL Supply Chain Sydney Logistics Solutions Enterprise Agreement 2024, effective from the date specified within the agreement. The court mandated that both the employer and the employees abide by the terms and conditions set out in the approved agreement. Additionally, the decision noted that any disputes arising under the agreement could be referred to the Fair Work Commission for resolution, ensuring that the rights and obligations of both parties were protected under the approved terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established