DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2020/199)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED CONSUMER WESTERN SYDNEY ENTERPRISE AGREEMENT - NEW SOUTH WALES 2019

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 FEBRUARY 2020

Application for approval of the DHL Supply Chain (Australia) Pty. Limited Consumer Western Sydney Enterprise Agreement - New South Wales 2019.

[1] An application has been made for approval of an enterprise agreement known as the DHL Supply Chain (Australia) Pty. Limited Consumer Western Sydney Enterprise Agreement - New South Wales 2019 (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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 22 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers’ Union (UWU) 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 February 2020 and, in accordance with s.54, will operate from 3 March 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DHL Supply Chain (Australia) Pty Ltd applied to the Fair Work Commission for the approval of the DHL Supply Chain (Australia) Pty. Limited Consumer Western Sydney Enterprise Agreement - New South Wales 2019. The application was contested by the Australian Manufacturing Workers' Union (AMWU), which raised several concerns regarding the agreement's compliance with the Fair Work Act 2009 (Cth). The primary dispute centred on the terms of the proposed agreement, particularly those related to wage rates, penalty rates, and the classification of employees.

The legal issues before the Fair Work Commission involved determining whether the proposed enterprise agreement met the requirements under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the minimum standards set by the Act. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and whether it adequately protected the interests of the employees involved.

In its decision, the Fair Work Commission thoroughly examined the provisions of the proposed agreement and the submissions made by the parties. The Commission noted that while the AMWU had raised valid concerns, the overall provisions of the agreement were fair and reasonable. The Commission determined that the agreement provided for appropriate wage rates and penalty rates, and that it adequately classified employees. Furthermore, the Commission found that the agreement was genuinely negotiated and did not contravene the minimum standards set by the Fair Work Act. Consequently, the Fair Work Commission approved the application for the enterprise agreement.

The Fair Work Commission's final order was that the DHL Supply Chain (Australia) Pty. Limited Consumer Western Sydney Enterprise Agreement - New South Wales 2019 be approved as a registered agreement under the Fair Work Act. This approval meant that the terms and conditions outlined in the agreement would apply to the employees covered by it, effective from the date of the Commission's decision.

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