DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited
(AG2015/7494)

CHEP GARBUTT (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

Application for approval of the CHEP Garbutt (QLD) Service Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Garbutt (QLD) Service Centre Enterprise Agreement 2015 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 4 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Limited applied for the approval of the CHEP Garbutt (QLD) Service Centre Enterprise Agreement 2015. The applicant sought to have the agreement approved by the Fair Work Commission under section 234 of the Fair Work Act 2009. The Fair Work Commission heard the matter and had to determine whether the agreement met the requirements for approval under the Fair Work Act.

The primary legal issue was whether the agreement contained all the relevant terms required by the Fair Work Act and whether the agreement had been fairly and properly negotiated. The court had to consider whether the agreement complied with the statutory minimum standards and whether it was made in good faith. The applicant argued that the agreement was made in good faith and contained all necessary terms. The respondents argued that the agreement was not fairly negotiated and did not contain all necessary terms.

The Fair Work Commission found that the agreement was made in good faith and contained all necessary terms. The court found that the agreement met the requirements of the Fair Work Act and was appropriately negotiated. The Commission was satisfied that the agreement included all mandatory terms and that the negotiation process was fair. The application was approved, and the agreement was registered.

The Fair Work Commission approved the CHEP Garbutt (QLD) Service Centre Enterprise Agreement 2015, finding that it met all the statutory requirements and was made in good faith. The agreement was registered, and the terms became binding on the parties.

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