Chep Australia Limited

[2013] FWCA 3490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Chep Australia Limited
(AG2013/6679)

CHEP ROCKLEA (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER SPENCER	BRISBANE, 3 JUNE 2013

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

[1] An application has been made for approval of an enterprise agreement known as the CHEP Rocklea (QLD) 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 Agreement is a single-enterprise agreement.

[2] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2013. The nominal expiry date of the Agreement is 10 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Chep Australia Limited applied to the Fair Work Commission for approval of the CHEP Rocklea (QLD) Service Centre Enterprise Agreement 2013. The applicant, a logistics company, sought to implement changes to the terms and conditions of employment for its employees at the Rocklea Service Centre in Queensland. The Fair Work Commission, presided over by Deputy President R L Ryan, was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the legislation.

The Commission examined the process through which the agreement was reached, including whether the requisite majority of employees had been consulted and whether the agreement had been properly certified by the Australian Building and Construction Commission. Additionally, the Commission assessed whether the terms of the agreement adhered to the provisions of the Fair Work Act, including the requirement that the agreement provide for a fair and reasonable outcome for employees. The Commission noted that the agreement contained provisions for a pay increase and changes to rostered days off, among other matters. The applicant argued that the changes were necessary to remain competitive in the logistics industry and to ensure the continued operation of the service centre.

After considering the evidence and submissions presented, the Commission concluded that the agreement was validly made and met the requirements of the Fair Work Act. The Commission found that the process for reaching the agreement was fair and that the requisite majority of employees had been consulted. Furthermore, the Commission determined that the terms of the agreement provided for a fair and reasonable outcome for employees, taking into account the need for the company to remain competitive and viable. Consequently, the Commission approved the CHEP Rocklea (QLD) Service Centre Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established