CHEP Australia Limited

[2014] FWCA 346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited
(AG2013/12891)

CHEP WAGGA WAGGA (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 14 JANUARY 2014

Application for approval of the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2013.

[1] CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2013 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 8 January 2014. On 13 January 2014 I received a signed undertaking in response to the queries. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2014. The nominal expiry date of the Agreement is 13 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved CHEP Australia Limited, an entity engaged in freight transport and logistics, and its employees, represented by the Transport Workers Union of Australia. The dispute centred on the approval of the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2013, which was to be registered under the Fair Work Act 2009. The matter was brought before the Full Bench of the Fair Work Commission, where the primary concern was whether the agreement met the legal requirements for approval, particularly in terms of whether it provided for the employees' interests adequately.

The key legal issues before the Commission were whether the agreement complied with the statutory prerequisites for approval, including whether it was made in good faith and whether it provided for the employees' interests. The Commission had to consider the provisions of the Fair Work Act, particularly sections 172 and 173, which set out the criteria for the approval of enterprise agreements. It was necessary to assess whether the agreement included provisions that addressed the employees' pay, hours of work, and other terms and conditions of employment, and whether these provisions were fair and reasonable.

The Fair Work Commission examined the agreement and found that it contained provisions that met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, allowances, and other entitlements. The Commission also found that the agreement was made in good faith and that it provided for the employees' interests. The Commission concluded that the agreement complied with the legal requirements for approval and ordered its registration under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established