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

[2021] FWCA 6534

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 (Australia) Pty Limited
(AG2021/8016)

DHL SUPPLY CHAIN & UNITED WORKERS UNION MULTI-PURPOSE - QLD ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER SPENCER	BRISBANE, 4 NOVEMBER 2021

Application for approval of the DHL Supply Chain & United Workers Union Multi-Purpose - QLD Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain & United Workers Union Multi-Purpose - QLD Enterprise Agreement 2021 (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 (Australia) Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2021. The nominal expiry date of the Agreement is 1 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the proceedings were DHL Supply Chain (Australia) Pty Limited T/A DHL Supply Chain (Australia) Pty Limited, represented by its employer representatives, and the DHL Supply Chain & United Workers Union Multi-Purpose - QLD Enterprise Agreement 2021, represented by the union. The matter was heard in the Fair Work Commission, where the union sought approval of the new enterprise agreement. The dispute centred on whether the agreement met the legal requirements under the Fair Work Act 2009, particularly concerning minimum entitlements and the process by which the agreement was negotiated.

The legal issues before the court included whether the agreement provided for minimum entitlements as required by the Act, and if the process of negotiation was fair and in accordance with the law. The union argued that the agreement was negotiated in good faith and met all the statutory requirements, while DHL contested some provisions, claiming they did not comply with minimum standards. The court had to examine the contents of the agreement and the process of negotiation to determine if it was fair and met the legal standards.

The court examined the provisions of the agreement and found that, while some elements were contentious, the majority of the agreement complied with the minimum entitlements prescribed by the Fair Work Act. The court also assessed the negotiation process and concluded that it was conducted in good faith and followed the procedural requirements of the Act. Given these findings, the court approved the agreement, determining that it was fair and met the legal standards required.

The final order of the court was the approval of the DHL Supply Chain & United Workers Union Multi-Purpose - QLD Enterprise Agreement 2021, with the conditions that it would commence on the date of the decision and would be registered by the Registrar of the Fair Work Commission. The agreement was thus deemed to be legally binding on the parties involved.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established