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

[2025] FWCA 258

[2025] FWCA 258

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

(AG2024/4334)

DHL SUPPLY CHAIN GENERAL LOGISTICS - VIC ENTERPRISE AGREEMENT 2024

Warehousing and logistics industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 29 JANUARY 2025

Application for approval of the DHL Supply Chain General Logistics - VIC Enterprise Agreement 2024

1. An application has been made by DHL Supply Chain (Australia) Pty Limited (Applicant) for approval of an enterprise agreement known as the DHL Supply Chain General Logistics - VIC Enterprise Agreement 2024 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if the requirements in ss. 186 and 187 of the Act are met.  

1. Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES). Concerns were raised that some of the terms of the Agreement may oust NES conditions. The clauses raised were clause 19.5, 58.6, 53.2(b), 54.1, 54.3 and 24.4.  In response the Applicant clarified that to the extent of inconsistency the NES Precedence clause at Clause 5.1 of the Agreement will apply to ensure that the NES conditions are not excluded. 

1. Sections 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.  Concerns were raised with the Applicant as to whether the Agreement passed the BOOT. Concerns were raised about the way casual provisions and call back arrangements would operate and how shift penalties applied. In response, the Applicant has provided clarification that it does not engage any casual employees under this Agreement. Regarding the call back work, the Applicant does not foresee casual employees being engaged to perform the work. Undertakings were provided concerning the shift penalties.

1. A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought about the undertakings. No objection was raised. On that basis I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

1. Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.     

1. The United Workers' Union (UWU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the UWU.

1. The Agreement was approved on 29 January 2024 and will operate from 5 February 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 7 June 2027. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A