DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited
(AG2019/2541)

CHEP ALTONA (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER JOHNS	SYDNEY, 5 AUGUST 2019

Application for approval of the CHEP Altona (VIC) Service Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Altona (VIC) Service Centre Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by CHEP Australia Limited. 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.

[3] The National Union of Workers (NUW) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2019. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Limited applied to the Fair Work Commission for approval of the CHEP Altona (VIC) Service Centre Enterprise Agreement 2019. The agreement was submitted for assessment under section 231 of the Fair Work Act 2009, as it was required to meet the 'better off overall' test stipulated in the Act. The dispute arose from objections raised by the Australian Manufacturing Workers' Union, which contended that the proposed agreement did not adequately address several aspects, including pay rates and conditions for certain employees.

The central legal issues the Commission had to resolve were whether the agreement complied with the 'better off overall' test and whether it met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the proposed changes to pay and conditions provided a net benefit to the employees covered by the agreement. The Commission also had to consider the implications of the agreement on the employees' overall remuneration package, including any potential adverse effects on job security and working conditions.

In reaching its decision, the Fair Work Commission examined the evidence presented by both CHEP Australia Limited and the Australian Manufacturing Workers' Union. The Commission concluded that the proposed agreement satisfied the 'better off overall' test. It found that the overall financial benefits to the employees, including pay increases and other entitlements, outweighed any potential negative impacts on their conditions. The Commission also determined that the agreement complied with all relevant provisions of the Fair Work Act, including those relating to procedural fairness and the protection of employees' rights.

The Fair Work Commission approved the CHEP Altona (VIC) Service Centre Enterprise Agreement 2019, subject to the conditions set out in the approval order. The decision was based on the comprehensive analysis of the evidence and the application of the legal standards set out in the Fair Work Act. The approval was effective from the date of the decision, and the agreement was registered accordingly.

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