| [2021] FWCA 6121 |
| 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
(AG2021/7501)
DHL Supply Chain Workplace Logistics Services - WA Enterprise Agreement 2021
| Storage services | |
| COMMISSIONER O’NEILL | MELBOURNE, 6 OCTOBER 2021 |
Application for approval of the DHL Supply Chain Workplace Logistics Services - WA Enterprise Agreement 2021
DHL Supply Chain (Australia) Pty Limited has applied for approval of an enterprise agreement known as the DHL Supply Chain Workplace Logistics Services - WA Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
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 13 October 2021. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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Annexure A
- AGLC
- DHL Supply Chain (Australia) Pty Limited T/A DHL Supply Chain (Australia) Pty Limited [2021] FWCA 6121
- Case
- [2021] FWCA 6121
- Decision Date
CaseChat Overview and Summary
The central legal issue the Commission had to address was whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to assess if the agreement had been made in good faith, whether it contained the prescribed minimum terms and conditions, and if it was certified by an independent bargaining representative. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms for the employees it covered, taking into account the nature of the industry and the specific circumstances of the employees.
In its decision, the Commission found that the enterprise agreement complied with all statutory requirements. The Commission noted that the agreement had been negotiated in good faith, contained all the mandated minimum terms, and had been certified by an independent representative. Furthermore, the Commission determined that the agreement offered fair and reasonable terms for the employees, taking into account the particularities of the logistics industry in Western Australia. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act and approved it accordingly.
No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision was based on a comprehensive review of the agreement and the evidence presented, ensuring that all statutory requirements were met and that the agreement provided fair terms for the employees involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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