DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited
(AG2016/7760)

CHEP GRIFFITH (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 8 MARCH 2017

Application for approval of the CHEP Griffith (NSW) Service Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Griffith (NSW) Service Centre Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CHEP Australia Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2017. The nominal expiry date of the Agreement is 13 November 2019.

COMMISSIONER Gregory

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

CHEP Australia Limited sought approval of the CHEP Griffith (NSW) Service Centre Enterprise Agreement 2016. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The primary legal issues the Commission needed to address were whether the agreement had been made in accordance with the provisions of the Act, including whether it was made in good faith and whether it provided for the proper determination of terms and conditions of employment.

The Commission found that the agreement was made in good faith and was properly determined. The process followed to create the agreement was transparent, and the parties had engaged in genuine bargaining. The Commission also noted that the agreement provided for a fair and reasonable outcome for the employees. In reaching its decision, the Commission considered various factors, including the bargaining process, the content of the agreement, and the interests of the employees. Based on these considerations, the Commission approved the agreement, finding that it met all the necessary legal requirements.

The Commission's approval of the agreement was significant as it provided certainty and stability for the employees covered by the agreement. The decision also highlighted the importance of good faith bargaining and the role of the Commission in ensuring that enterprise agreements meet the requirements of the Act. The outcome of the case demonstrated the Commission's commitment to promoting fair and reasonable outcomes for employees while also recognising the need for flexibility and practicality in the workplace.

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