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

[2021] FWCA 5921

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
(AG2021/6970)

DHL SUPPLY CHAIN INGLEBURN - NSW ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER SIMPSON	BRISBANE, 1 OCTOBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain Ingleburn - 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 T/A DHL Supply Chain (Australia) Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written 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.

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

[4] Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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

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

COMMISSIONER

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, applied to the Fair Work Commission for the approval of the DHL Supply Chain Ingleburn - NSW Enterprise Agreement 2021. The application was brought under the Fair Work Act 2009 and the primary issue before the Commission was whether the agreement met the requirements for direct approval under the Act.

The central legal issue was whether the agreement satisfied the criteria for direct approval. This required consideration of whether the agreement provided for terms and conditions that met or exceeded the national safety net, and whether the agreement had been made genuinely and in good faith. Additionally, the Commission needed to assess whether the agreement had been made with appropriate employee and employer representatives and whether there had been appropriate consultation.

The Commission found that the agreement did indeed meet all the criteria for direct approval. It was concluded that the agreement provided for terms and conditions of employment that met or exceeded the national safety net and was made genuinely and in good faith. The Commission was satisfied that the agreement had been made with appropriate employee and employer representatives and that there had been sufficient consultation. The Commission approved the agreement and directed that it be registered on the Register of Approved Agreements.

The Fair Work Commission approved the DHL Supply Chain Ingleburn - NSW Enterprise Agreement 2021 and directed that it be registered on the Register of Approved Agreements. This decision is final and binding, and the agreement will now apply to the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established