DHL Supply Chain (Australia) Pty Ltd
[2022] FWCA 4116
•24 NOVEMBER 2022
| [2022] FWCA 4116 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DHL Supply Chain (Australia) Pty Ltd
(AG2022/4826)
DHL Supply Chain High-End Fashion, Accessories and Sports Retail - VIC Enterprise Agreement 2022
| Storage services | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 24 NOVEMBER 2022 |
Application for approval of the DHL Supply Chain High-End Fashion, Accessories and Sports Retail - VIC Enterprise Agreement 2022.
An application has been made for approval of a greenfields agreement known as the DHL Supply Chain High-End Fashion, Accessories and Sports Retail - VIC Enterprise Agreement 2022 (the Agreement). The application was made by DHL Supply Chain (Australia) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the United Workers’ Union and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2022. The nominal expiry date of the Agreement is 20 August 2024.
DEPUTY PRESIDENT
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