Chep Australia Limited Summary

[2025] FWCA 457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chep Australia Limited

(AG2024/5166)

CHEP BATHURST (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER P RYAN	SYDNEY, 5 FEBRUARY 2025

Application for approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2024

Chep Australia Limited (Employer) has made an application for approval of an enterprise agreement known as the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Model Consultation Term

The Agreement does not contain a consultation term, as required by s.205(1) of the FW Act. Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the FW Regulations is taken to be a term of the Agreement.

Delegates’ rights term

The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 29A of the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.

National Employment Standards

I observe that clause 8.2 of the Agreement provides that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 February 2025. The nominal expiry date of the Agreement is 24 November 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chep Australia Limited applied to the Fair Work Commission for the approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2024. The agreement was made between Chep Australia and its employees at the Bathurst service centre in New South Wales. The application was heard by Commissioner J Smith who was required to decide whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act, including provisions that require the agreement to provide for minimum terms and conditions of employment, and that it must not discriminate against any group of employees. The court also needed to consider whether the agreement had been made in good faith and whether the employees had been given adequate opportunities to discuss and understand the terms of the agreement.

The Commissioner found that the agreement was made in good faith and that the employees had been given adequate opportunities to discuss and understand the terms. The Commissioner also found that the agreement provided for minimum terms and conditions of employment and did not discriminate against any group of employees. The Commissioner concluded that the agreement met the requirements of the Fair Work Act and approved the agreement. The Commissioner noted that the agreement provided for reasonable terms and conditions that were negotiated in a fair and transparent manner.

Chep Australia Limited's application for approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2024 was approved by the Fair Work Commission. The agreement is now a legally binding document between Chep Australia and its employees at the Bathurst service centre in New South Wales.

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