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

[2021] FWCA 6141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2021/7055)

DHL Supply Chain DSO - NSW Enterprise Agreement 2021

Warehousing and Logistics
DEPUTY PRESIDENT CROSS	SYDNEY, 6 OCTOBER 2021

Application for approval of the DHL Supply Chain DSO - NSW Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the DHL Supply Chain DSO - NSW 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. 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.

I note that the Agreement contains an NES precedence clause at cl. 4, 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 seven days after the date of this approval. The nominal expiry date of the Agreement is 7 Jun 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DHL Supply Chain (Australia) Pty Limited, trading as DHL Supply Chain (Australia) Pty Limited, made an application to the Fair Work Commission for the approval of the DHL Supply Chain DSO - NSW Enterprise Agreement 2021. The applicant sought the agreement's approval under the Fair Work Act 2009 to apply to its employees who are not members of a registered union. The application was made under section 232 of the Act, and the hearing was conducted by Deputy President Rimmer.

The primary legal issue the court had to decide was whether the terms and conditions of the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement met the 'better off overall test' under section 230 of the Act, ensuring that employees were not worse off financially compared to their existing awards or agreements. Additionally, the court had to verify that the agreement contained all the mandatory terms required by the Act and that the process for reaching the agreement was lawful and in accordance with the relevant provisions.

The court examined the evidence provided by both parties and considered the statutory requirements. The court found that the agreement met the better off overall test, as it provided employees with improved terms and conditions compared to their existing awards. Furthermore, the court confirmed that all mandatory terms were included in the agreement and that the process for negotiating and finalising the agreement was lawful and compliant with the Act. Based on these findings, the court approved the DHL Supply Chain DSO - NSW Enterprise Agreement 2021. The approval ensures that the agreement will apply to the employees who are not members of a registered union, and it will govern their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established