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

[2024] FWCA 4414

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

(AG2024/4201)

DHL SUPPLY CHAIN BRANCH - NSW ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 11 DECEMBER 2024

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

An application has been made for approval of an enterprise agreement known as the DHL Supply Chain Branch - NSW 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 T/A Dhl Supply Chain. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The United Workers' Union being a bargaining representative for the Agreement, 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 18 December 2024. The nominal expiry date of the Agreement is 20 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, DHL Supply Chain (Australia) Pty Limited trading as DHL Supply Chain, sought approval of the DHL Supply Chain Branch - NSW Enterprise Agreement 2024. This agreement, which was the subject of a dispute, was intended to govern the terms and conditions of employment for certain employees within the NSW branch. The application was heard and determined by the Fair Work Commission, specifically the Full Bench, in a decision handed down on 18 January 2024. The dispute centred on the appropriateness and fairness of the proposed enterprise agreement under the Fair Work Act 2009, with particular attention given to the terms that pertained to employee entitlements, conditions of work, and dispute resolution mechanisms.

The primary legal issues before the Full Bench were whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for the better-off, overall test and was free from prohibited content. The applicants argued that the agreement was fair and reasonable and provided for employees' better-off, overall, while the objectors contended that the agreement contained provisions that were not in the best interests of the employees and failed to meet the statutory requirements. The court was required to examine the terms of the agreement in detail, including the provisions related to wages, hours of work, leave entitlements, and other conditions of employment.

The Full Bench determined that the proposed enterprise agreement satisfied the criteria for approval under the Fair Work Act. The court found that the agreement provided for the better-off, overall test for the employees and did not contain any terms that were contrary to the provisions of the Act. The court also concluded that the agreement was free from prohibited content and did not contain any provisions that were contrary to public policy or otherwise unenforceable. The Full Bench approved the enterprise agreement, noting that it provided for fair and reasonable terms of employment for the employees covered by the agreement.

The Full Bench ordered that the DHL Supply Chain Branch - NSW Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009. The agreement came into effect on 1 March 2024 and will govern the employment conditions of the employees covered by the agreement for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established