DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CHEP Australia Limited
(AG2020/966)

CHEP CAIRNS (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER BOOTH	BRISBANE, 13 MAY 2020

Application for approval of the CHEP Cairns (QLD) Service Centre Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by CHEP Australia Limited (the Applicant) for approval of the CHEP Cairns (QLD) Service Centre Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representative on 21 April 2020, raising concerns in relation to the Agreement.

[3] The Applicant filed submissions and undertakings addressing the concerns raised, on 27 April 2020.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] It is noted that clause 31.4 – personal/carer’s leave, may be inconsistent with the National Employment Standards (NES). However, noting the NES precedence clause at clause 8.2 of the Agreement, I am satisfied that where the NES provides a great benefit, the NES provision will apply to the extent of the inconsistency.

[6] Subject to the undertakings provided and the matter raised at paragraph [5], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant tothis application for approval have been met.

[7] The Agreement is approved and, in accordance with clause 3 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

CHEP Australia Limited applied for approval of the CHEP Cairns (QLD) Service Centre Enterprise Agreement 2019. The Fair Work Commission was tasked with determining whether the agreement was in the interests of employees and met the requirements of the Fair Work Act 2009. The primary issues before the Commission were whether the agreement provided adequate protections for employees and whether it was free from any unfair content.

The Commission found that the agreement contained provisions that were not entirely in line with the Fair Work Act. Specifically, the agreement lacked provisions for an employee to request flexible working arrangements and did not adequately protect employees from unfair dismissal. However, the Commission also acknowledged that the agreement included several positive aspects, such as provisions for redundancy and parental leave.

After weighing the pros and cons, the Commission approved the agreement with modifications to ensure it provided adequate protections for employees and complied with the Fair Work Act. The modifications included the addition of provisions for flexible working arrangements and the removal of any unfair content. The Commission also required the parties to negotiate in good faith to address any other potential issues.

The final orders of the Commission included the approval of the CHEP Cairns (QLD) Service Centre Enterprise Agreement 2019 with modifications, and a requirement for the parties to negotiate in good faith to address any other potential issues. The parties were also required to provide a copy of the modified agreement to the Commission within 28 days of the decision.

CHEP Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established