DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited
(AG2015/7528)

CHEP BATHURST (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

Application for approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Bathurst (NSW) 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 National Union of Workers 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 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 24 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Limited recently appeared before the Fair Work Commission to seek approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2015. The applicant, CHEP Australia Limited, is a logistics company engaged in the supply chain industry, while the respondents are a group of employees represented by the Transport Workers Union of Australia. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically concerning wages, hours of work, and other employment-related matters.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT) and procedural fairness. The Commission needed to determine if the agreement provided employees with conditions at least as good as their previous conditions or the applicable award, and whether the process through which the agreement was formed was fair and appropriate.

After careful consideration, the Commission found that the agreement did indeed satisfy the BOOT, as the employees would be better off overall by accepting the proposed terms. The Commission also concluded that the process through which the agreement was negotiated and agreed upon was fair and appropriate, given the evidence presented. The application for approval was subsequently approved, and the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2015 was duly registered.

No additional orders were made by the Commission beyond the approval and registration of the enterprise agreement.

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