| [2023] FWCA 588 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DHL Supply Chain (Australia) Pty Ltd T/A DHL Supply Chain
(AG2023/180)
DHL Supply Chain Transport Solutions Enterprise Agreement - WA 2022
| Road transport industry | |
| COMMISSIONER SIMPSON | BRISBANE, 23 FEBRUARY 2023 |
Application for approval of the DHL Supply Chain Transport Solutions Enterprise Agreement - WA 2022
An application has been made for approval of an enterprise agreement known as the DHL Supply Chain Transport Solutions Enterprise Agreement - WA 2022 (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 T/A DHL Supply Chain (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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- AGLC
- DHL Supply Chain (Australia) Pty Ltd T/A DHL Supply Chain [2023] FWCA 588
- Case
- [2023] FWCA 588
- Decision Date
CaseChat Overview and Summary
The primary legal issues were whether the agreement was a single, indivisible enterprise agreement, and if it provided for the minimum terms and conditions set out in the Fair Work Act. The Commission needed to assess if the agreement was free from prohibited content and if it met the requirements for being a lawful agreement. Additionally, the Commission had to consider whether the agreement complied with the process for making an enterprise agreement, including whether it was made in good faith and if the parties had taken all practicable steps to reach an agreement.
The Fair Work Commission determined that the DHL Supply Chain Transport Solutions Enterprise Agreement - WA 2022 was a single, indivisible agreement that provided for the minimum terms and conditions required by the Act. The Commission found that the agreement was free from prohibited content and had been made in good faith. The Commission was satisfied that the parties had taken all practicable steps to reach an agreement and that the agreement met the statutory requirements for approval. The Commission approved the agreement, finding that it complied with the relevant provisions of the Fair Work Act.
The Commission's decision was that the DHL Supply Chain Transport Solutions Enterprise Agreement - WA 2022 was approved and registered under the Fair Work Act 2009. The agreement was deemed to be a lawful enterprise agreement and would apply to the employees covered by its terms. The Commission's approval of the agreement ensured that the parties would be bound by the terms and conditions set out in the agreement, providing certainty and stability in the employment relationship between DHL Supply Chain and its employees in Western Australia.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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