Schenker Australia Pty Ltd T/A Db Schenker

[2025] FWCA 464

[2025] FWCA 464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Schenker Australia Pty Ltd T/A Db Schenker

(AG2024/5309)

SCHENKER AUSTRALIA PTY LTD QUEENSLAND DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 5 FEBRUARY 2025

Application for approval of the Schenker Australia Pty Ltd Queensland Distribution Centre Enterprise Agreement 2024

1. This decision deals with an application made for approval of an enterprise agreement known as the Schenker Australia Pty Ltd Queensland Distribution Centre Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Schenker Australia Pty Ltd T/A DB Schenker (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

1. The Employer has raised the following issues with the Agreement, which it asserts to be obvious errors, defects or irregularities:

·   Clause 24.6(b) of the Agreement incorrectly references training at clause 24.6 which should instead reference clause 24.7.

The Employer has provided an updated copy of the Agreement which corrected this error. The views of bargaining representatives are supportive of these assertions and their history. I am satisfied that these issues each constitute an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

1. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 14.6(a) – Compassionate Leave.

·   Clause 19.3(c) – Abandonment of employment.

However, noting clause 5.9(b) 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.

1. The United Workers Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.

1. The Agreement is approved and will operate from 12 February 2025. The nominal expiry date of the Agreement is 1 July 2027.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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