DHL Supply Chain (Australia) Pty Ltd

[2024] FWCA 3150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

DHL Supply Chain (Australia) Pty Ltd

(AG2024/3037)

DHL SUPPLY CHAIN GENERAL LOGISTICS – NSW ENTERPRISE AGREEMENT 2024

Warehousing and logistics industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 30 AUGUST 2024

Application for approval of the DHL Supply Chain General Logistics – NSW Enterprise Agreement 2024

Introduction

DHL Supply Chain (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the DHL Supply Chain General Logistics – NSW Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Attachment 5. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement.

In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2024. The nominal expiry date of the Agreement is 7 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved DHL Supply Chain (Australia) Pty Ltd, who sought approval for the DHL Supply Chain General Logistics – NSW Enterprise Agreement 2024. The application was made under the Fair Work Act 2009. The nature of the dispute was the approval of the enterprise agreement, which aimed to set out terms and conditions for employees within the NSW general logistics sector of DHL Supply Chain.

The primary legal issues the court had to determine were whether the enterprise agreement complied with the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. This involved examining if the agreement was made in good faith, whether it contained the necessary minimum terms, and if the process of its making was fair. The court also needed to consider whether the agreement adequately protected the rights of employees and provided fair terms and conditions.

In its reasoning, the Fair Work Commission found that the agreement met the statutory requirements. It confirmed that the agreement was made in good faith and contained the minimum terms mandated by the Fair Work Act. The Commission was satisfied that the process of making the agreement was fair and that it provided fair terms and conditions for the employees. The Commission noted that the agreement included provisions for dispute resolution, annual leave, and other key employment standards. The Commission approved the enterprise agreement, stating that it would benefit both the employees and the employer by providing a clear framework for their working relationship.

The final orders of the Fair Work Commission were that the DHL Supply Chain General Logistics – NSW Enterprise Agreement 2024 be approved and registered. The agreement was to take effect from the date of the approval, ensuring that all employees covered by the agreement were bound by its terms from that date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established