DHL Supply Chain (Australia) Pty Limited t/a DHL Supply Chain Summary

[2024] FWCA 4259

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

(AG2024/4247)

DHL SUPPLY CHAIN DSO - NSW ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 3 DECEMBER 2024

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

An application has been made for approval of an enterprise agreement known as the DHL Supply Chain DSO - 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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 4.1 of the Agreement provides that this Agreement shall be read and interpreted in conjunction with the National Employment Standards (NES) provided that where there is any inconsistency between this Agreement and the NES, the more beneficial provision to an employee shall apply.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. 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

In the Fair Work Commission, the matter of DHL Supply Chain (Australia) Pty Limited t/a DHL Supply Chain involved an application for the approval of the DHL Supply Chain DSO - NSW Enterprise Agreement 2024. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered agreement that would apply to the employees covered by the agreement. The dispute centred around the terms and conditions of employment, including wages, hours of work, leave entitlements, and other workplace rights and obligations.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement had been made in good faith, whether it provided for a genuine enterprise bargaining agreement, and whether it complied with the provisions of the Act regarding the terms and conditions of employment. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions that reflected the needs of the employees and the operational requirements of the employer.

The Commission found that the agreement had been made in good faith and met the criteria for approval. The agreement was deemed to be a genuine enterprise bargaining agreement, as it had been negotiated between the employer and the employee representatives. The terms and conditions of the agreement were found to be fair and reasonable, providing for appropriate wages, leave entitlements, and other workplace rights. The Commission also noted that the agreement included provisions for the protection of employees' health and safety, as well as provisions for the resolution of workplace disputes. Based on these findings, the Commission approved the DHL Supply Chain DSO - NSW Enterprise Agreement 2024 as a registered agreement.

The Fair Work Commission approved the DHL Supply Chain DSO - NSW Enterprise Agreement 2024 as a registered agreement, effective from the date of the decision. The agreement will apply to the employees covered by the agreement and will provide for their terms and conditions of employment for the duration of the agreement. The employer and employee representatives are required to take all necessary steps to give effect to the agreement, including providing notice of the agreement to the employees and ensuring that the terms and conditions are complied with. The Commission's decision provides certainty and stability for both the employer and employees, ensuring that the agreement is fair and reasonable and reflects the needs of both parties.

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