DHL Supply Chain (Australia) Pty Limited Summary

[2025] FWCA 559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Limited

(AG2024/5242)

DHL SUPPLY CHAIN & UNITED WORKERS UNION MULTI-PURPOSE – QLD ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER HUNT	BRISBANE, 13 FEBRUARY 2025

Application for approval of the DHL Supply Chain Multi-Purpose – QLD Enterprise Agreement 2024

DHL Supply Chain (Australia) Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the DHL Supply Chain Multi-Purpose – QLD Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 15 August 2024 and the Agreement was made on 12 December 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The UWU advised that it supported revised undertakings provided by the Employer.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2025. The nominal expiry date of the Agreement is 1 August 2027.

COMMISSIONER

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Annexure A – Undertaking

The applicant, DHL Supply Chain (Australia) Pty Limited, sought approval of the DHL Supply Chain Multi-Purpose – QLD Enterprise Agreement 2024, which was to apply to employees working within Queensland. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009 for minimum terms and conditions of employment.

The central issue before the Commission was whether the agreement contained the mandatory minimum terms and conditions as stipulated by the Fair Work Act, and whether it was fair and reasonable in the circumstances. The applicant argued that the agreement was negotiated in good faith and contained appropriate provisions that met the minimum standards. The Commission needed to assess the fairness of the agreement, including the balance of rights and obligations, and whether it complied with the relevant legislative framework.

In evaluating the application, the Commission examined the negotiation process and the content of the agreement. The Commission noted that the agreement had been negotiated in good faith and included all mandatory minimum terms and conditions. Furthermore, the Commission considered the nature of the workforce, the industry standards, and the economic context. After reviewing the evidence and submissions, the Commission concluded that the agreement was fair and reasonable and met the statutory requirements.

Consequently, the Commission approved the DHL Supply Chain Multi-Purpose – QLD Enterprise Agreement 2024. The agreement is now legally binding on the parties covered by it, effective from the date of approval.

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