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

[2024] FWCA 4378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/4167)

DHL SUPPLY CHAIN PARKWEST - VIC ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER P RYAN	SYDNEY, 9 DECEMBER 2024

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

DHL Supply Chain (Australia) Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the DHL Supply Chain Parkwest - VIC Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 49.2, 50.2, 53.2, and 53.8 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representative

The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the
UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 16 December 2024. The nominal expiry date of the Agreement is 15 August 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Limited, trading as DHL Supply Chain, sought approval of a new enterprise agreement for its employees in Victoria. The dispute was brought before the Fair Work Commission, which is responsible for approving enterprise agreements under Australian labour law. The primary issue before the Commission was whether the proposed agreement met the legal requirements for approval, including compliance with the Fair Work Act 2009 and whether the agreement had been fairly negotiated. The Commission had to determine if the agreement contained all the mandated terms and conditions, and whether it provided for the proper representation of employee interests. Additionally, the Commission considered whether the agreement would provide a safety net for employees by ensuring minimum wages and conditions were met, and whether the agreement facilitated a productive workplace.

The Commission assessed the agreement by examining the negotiation process, the content of the agreement, and its impact on the workforce. It was essential that the agreement had been negotiated in good faith and that employees had an opportunity to be involved in the negotiation process. The Commission also considered whether the agreement provided for appropriate dispute resolution mechanisms and whether it met the requirements for a simple or registered agreement. Furthermore, the Commission evaluated whether the agreement complied with the safety net provisions and whether it facilitated a productive workplace relationship.

Upon reviewing the negotiation process and the content of the agreement, the Fair Work Commission found that the proposed agreement met all legal requirements for approval. The Commission was satisfied that the agreement had been fairly negotiated, contained all the mandated terms and conditions, and provided for the proper representation of employee interests. The agreement was found to meet the safety net provisions and facilitate a productive workplace relationship. Consequently, the Commission approved the DHL Supply Chain Parkwest - VIC Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established