CHEP Australia Limited Summary

[2014] FWCA 307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited
(AG2013/12736)

CHEP TOWNSVILLE (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2014

Application for approval of CHEP Townsville (QLD) Service Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Townsville 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 7 January 2014. On 9 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 20 January 2014. The nominal expiry date of the Agreement is 15 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

CHEP Australia Limited applied for approval of an Enterprise Agreement that it had negotiated with its employees at the Townsville, Queensland, service centre. The Fair Work Commission was asked to determine whether the agreement was in the best interests of the employees, and if it complied with the necessary legal requirements.

The court needed to consider whether the agreement contained all the required terms, whether it provided for the proper operation of the service centre, and whether it was likely to achieve better terms and conditions for the employees. Additionally, the court had to assess whether the agreement was made without undue pressure or coercion.

The Fair Work Commission found that the agreement was in the best interests of the employees, and that it complied with the legal requirements. The Commission noted that the agreement provided for a range of terms and conditions that were better than the applicable award, and that it contained provisions for the proper operation of the service centre. The Commission also found that the agreement was made without undue pressure or coercion. Accordingly, the Fair Work Commission approved the Enterprise Agreement.

The Fair Work Commission made an order approving the CHEP Townsville (QLD) Service Centre Enterprise Agreement 2013, which means that it is now legally binding on all employees covered by the agreement.

CHEP Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established