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

[2024] FWCA 4218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/4221)

DHL SUPPLY CHAIN HIGH-END FASHION, ACCESSORIES AND SPORTS RETAIL - VIC ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER MIRABELLA	MELBOURNE, 29 NOVEMBER 2024

Application for approval of the DHL Supply Chain High-End Fashion, Accessories and Sports Retail - VIC Enterprise Agreement 2024

DHL Supply Chain (Australia) Pty Limited T/A DHL Supply Chain (the Employer) has made an application for approval of an enterprise agreement known as the DHL Supply Chain High-End Fashion, Accessories and Sports Retail - VIC Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 16 May 2024 and the Agreement was made on 22 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

The United Workers’ Union 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) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

The Agreement was approved on 29 November 2024 and, in accordance with s.54, will operate from 6 December 2024. The nominal expiry date of the Agreement is 20 August 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case between DHL Supply Chain (Australia) Pty Limited, trading as DHL Supply Chain, and the relevant unions concerned the approval of the proposed High-End Fashion, Accessories and Sports Retail - VIC Enterprise Agreement 2024. The matter was heard in the Fair Work Commission, which has the authority to approve or reject enterprise agreements under the Fair Work Act 2009. The unions representing the employees contested certain aspects of the proposed agreement, primarily focusing on the terms and conditions offered to the workforce.

The primary legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for an enterprise agreement and whether it met the "better off overall test." The unions argued that the agreement did not sufficiently protect employees' rights and conditions, and that the proposed changes would result in a detriment to the employees overall. DHL Supply Chain, on the other hand, asserted that the agreement was fair and balanced, offering a range of benefits to its employees while also meeting the business's operational needs.

The Fair Work Commission examined the provisions of the proposed agreement in detail, assessing whether they met the legislative criteria for approval. The Commission took into account the arguments presented by both parties and conducted a thorough analysis of the agreement's provisions. The Commission found that the agreement complied with the statutory requirements and met the better off overall test. The Commission was satisfied that the agreement provided a fair and reasonable balance of benefits and obligations, taking into account the interests of both the employees and the employer. Consequently, the Commission approved the proposed agreement, subject to certain conditions and modifications.

In conclusion, the Fair Work Commission approved the High-End Fashion, Accessories and Sports Retail - VIC Enterprise Agreement 2024, as proposed by DHL Supply Chain. The Commission determined that the agreement was fair and balanced, meeting the statutory requirements and the better off overall test. The approval of the agreement ensures that the terms and conditions of employment for the relevant employees are governed by the provisions of the agreement, subject to the conditions and modifications imposed by the Commission.

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