Fair Work Act 2009

s 185 - Enterprise agreement

Application by DHL Express (Australia) Pty Ltd Trading as DHL Express Australia

Application for approval of the DHL Express Perth Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the DHL Express Perth Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by DHL Express (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s 173(2) was 7 February 2025 and the Agreement was made on 30 May 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s 193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Transport Workers' Union of Australia, who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

[4] There was some ambiguity regarding the provisions of cl.18.1.1. Specifically, it was unclear if the casual loading of 25% applied in addition to the rates set out in a and b of that clause. I wrote to the Applicant concerning this matter and the Applicant confirms that the 25% casual loading will apply in addition to those rates. For the avoidance of doubt, I confirm that this means - in the example of Sunday - that the rate payable to a casual would be 200% plus 25% equalling 225%.

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

[6] The Transport Workers' Union of Australia (TWU) 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 TWU.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 June 2025. The nominal expiry date of the Agreement is 20 June 2028.

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