DHL Supply Chain (Australia) Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Ltd recently sought approval of the DHL Supply Chain High-End Fashion, Accessories and Sports Retail - VIC Enterprise Agreement 2022, from the Fair Work Commission. The parties involved in the dispute were the employer, DHL Supply Chain, and the employees represented by the Retail and Fast Food Workers Union of Victoria. The application for approval was contested by the union, which raised objections to certain provisions of the agreement.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically if it provided for the protection of employees' rights and interests, and if it was free from any prohibited content. The union argued that the agreement contained provisions that did not adequately protect employees' rights and contained prohibited content. The employer contended that the agreement was fair and balanced, and met all the statutory requirements for approval.

In its decision, the Commission carefully considered the arguments from both sides. It found that the agreement generally met the requirements of the Act, including providing for the protection of employees' rights and interests, and being free from prohibited content. However, the Commission identified some provisions that did not meet the statutory standards, and these were removed from the agreement. The Commission then approved the amended agreement, finding that it was in the best interests of the employees and met the criteria for approval under the Act. The union's objections were largely dismissed, and the employer's application for approval was ultimately successful.

The Commission's final order was that the DHL Supply Chain High-End Fashion, Accessories and Sports Retail - VIC Enterprise Agreement 2022, as amended, be approved under the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission, and would come into effect on the date of registration. The decision provides guidance to employers and unions on the requirements for approving enterprise agreements under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established