CHEP Australia Limited Summary

[2025] FWCA 407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited

(AG2025/47)

CHEP KEMPS CREEK (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER SLOAN	SYDNEY, 31 JANUARY 2025

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

CHEP Australia Limited has applied for approval of an enterprise agreement known as the CHEP Kemps Creek (NSW) Service Centre Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The United Workers Union (“UWU”) was a bargaining representative for the Agreement. It and the two employee bargaining representatives for the Agreement support the application.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The UWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the UWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 7 February 2025. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of CHEP Australia Limited, the Fair Work Commission was presented with an application for the approval of an enterprise agreement. The applicant, CHEP Australia Limited, sought to establish the terms and conditions of employment for its employees at the Kemps Creek (NSW) Service Centre, under the proposed CHEP Kemps Creek (NSW) Service Centre Enterprise Agreement 2024. The dispute involved the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, leave entitlements, and other employment-related matters.

The legal issues before the Fair Work Commission included whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The Commission needed to assess whether the agreement met the minimum standards set out in the Act and whether it provided for a fair and reasonable outcome for both the employer and employees. Additionally, the Commission examined whether the agreement was negotiated genuinely and whether it provided for a proper process for the resolution of disputes.

In delivering its decision, the Fair Work Commission found that the proposed CHEP Kemps Creek (NSW) Service Centre Enterprise Agreement 2024 complied with the requirements of the Fair Work Act. The Commission determined that the agreement met the minimum standards for enterprise agreements and provided for a fair and reasonable outcome for both parties. The Commission was satisfied that the agreement was negotiated genuinely and without coercion, and it provided for a proper process for the resolution of disputes. Consequently, the Fair Work Commission approved the proposed enterprise agreement, subject to the conditions and provisions outlined in the decision.

The final orders of the Fair Work Commission included the approval of the CHEP Kemps Creek (NSW) Service Centre Enterprise Agreement 2024, with specific conditions to ensure compliance with the Fair Work Act and the protection of employees' rights. The Commission emphasised the importance of the genuine negotiation process and the fair treatment of all parties involved in the agreement. The decision sets a precedent for future enterprise agreements and underscores the importance of adhering to the statutory requirements and ensuring a balanced outcome for both employers and employees.

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