DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2020/3619)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED CONSUMER OAKDALE CLOSE ENTERPRISE AGREEMENT – NEW SOUTH WALES 2020

Storage services
COMMISSIONER WILLIAMS	PERTH, 15 DECEMBER 2020

Application for approval of the DHL Supply Chain (Australia) Pty. Limited Consumer Oakdale Close Enterprise Agreement - New South Wales 2020.

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

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

[3] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2020. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the DHL Supply Chain (Australia) Pty. Limited Consumer Oakdale Close Enterprise Agreement, which was submitted for consideration under the Fair Work Act 2009. The applicant, DHL Supply Chain (Australia) Pty. Limited, sought to have the enterprise agreement approved as a "low paid" agreement, thereby exempting it from the "better off overall test." The dispute centred on whether the agreement met the statutory criteria for approval and if it was consistent with the principles of the Fair Work Act. The Fair Work Commission was tasked with determining whether the agreement was fairly negotiated and if it complied with the requirements for a "low paid" agreement.

The central legal issues in this case revolved around the interpretation and application of the Fair Work Act, particularly the provisions concerning "low paid" agreements. The Commission had to assess whether the agreement was genuinely negotiated and if it contained the necessary provisions to be considered a "low paid" agreement. Additionally, the court needed to ensure that the agreement did not unfairly disadvantage employees and complied with the fundamental principles of the Fair Work Act. This included verifying that the agreement was not procedurally flawed and that it provided for fair terms and conditions of employment.

In delivering its decision, the Fair Work Commission thoroughly examined the negotiation process and the contents of the agreement. The Commission found that the agreement had been fairly negotiated and contained all the necessary provisions to qualify as a "low paid" agreement. The terms of the agreement were deemed to be consistent with the principles of the Fair Work Act, and the Commission concluded that the agreement did not unfairly disadvantage the employees. Consequently, the Commission approved the DHL Supply Chain (Australia) Pty. Limited Consumer Oakdale Close Enterprise Agreement, recognising it as a valid and compliant enterprise agreement under the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the DHL Supply Chain (Australia) Pty. Limited Consumer Oakdale Close Enterprise Agreement as a "low paid" agreement, effective from the date of the decision. The Commission confirmed that the agreement would apply to the relevant employees and that it met all statutory requirements for approval. This decision ensures that the agreement is recognised as a lawful and binding instrument governing the employment terms and conditions of the employees covered by the 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