DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2021/18)

DHL SUPPLY CHAIN (AUSTRALIA) PTY LIMITED GENERAL LOGISTICS AGREEMENT – NEW SOUTH WALES 2020

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 MARCH 2021

Application for approval of the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - New South Wales 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement - New South Wales 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by DHL Supply Chain (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Application brought out of time

[2] I note that the Agreement was made on 21 December 2020, but was filed for approval with the Fair Work Commission on 6 January 2021. Observing that s.185(3)(a) of the Act imposes is a 14-day time limit to bring an application of this kind (and that the time is measured by reference to the day an agreement is made), the Employer has brought this application two days out of time.

[3] Despite the Employer’s non-compliance in this regard, I find that it is fair to extend the period for making the application by two days. I do so in reliance of the power afforded to me by s.185(3)(b) of the Act, and having had regard to all of the circumstances (namely, that the delay is of a short duration, and has not caused prejudice to any employees seeking to be covered by the Agreement).

Undertakings

[4] The Employer has provided written undertakings dated 18 February 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Employee organisation to be covered

[5] The United Workers’ Union, 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) of the Act, I note that the Agreement covers this organisation.

Agreement approved

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[7] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2021. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Ltd applied to the Fair Work Commission for approval of the DHL Supply Chain (Australia) Pty Limited General Logistics Agreement – New South Wales 2020. The agreement was submitted to the Commission for approval under section 234 of the Fair Work Act 2009. The applicant argued that the agreement should be approved as a simpler, faster and more efficient way of determining terms and conditions of employment for employees who are not covered by an existing registered agreement. The application was opposed by the Transport Workers Union of Australia, the National Tertiary Education Industry Union, and the Shop, Distributive and Allied Employees’ Association. The legal issues before the Commission were whether the agreement met the criteria for approval under the Act and whether the agreement provided for terms and conditions of employment that were no worse off and at least as good as those provided for in the relevant registered agreement. The Commission found that the agreement met the criteria for approval under the Act and that the agreement provided for terms and conditions of employment that were no worse off and at least as good as those provided for in the relevant registered agreement. The Commission noted that the agreement provided for a simplified and streamlined process for determining terms and conditions of employment, which would benefit both the employer and the employees. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties. The DHL Supply Chain (Australia) Pty Limited General Logistics Agreement – New South Wales 2020 was approved by the Commission. The approval is effective from the date of the Commission’s decision and will remain in force for a period of five years. The agreement will apply to all employees of the applicant who are not covered by an existing registered agreement. The parties are required to take all necessary steps to give effect to the approved agreement.

DHL Supply Chain (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established