CHEP Australia Limited

[2024] FWCA 4309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited

(AG2024/4249)

CHEP OXLEY (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 DECEMBER 2024

Application for approval of the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 December 2024. The nominal expiry date of the Agreement is 8 October 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia Limited applied to the Fair Work Commission for approval of the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2024. The agreement sought to establish terms and conditions of employment for employees working at CHEP’s Oxley service centre in Queensland. The application was contested by the Transport Workers Union, which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the commission was whether the agreement satisfied the criteria for approval under the Fair Work Act. Specifically, the commission needed to determine whether the agreement was a genuine enterprise agreement, had been made in good faith, and provided for the proper negotiation of terms and conditions of employment. The Transport Workers Union argued that the agreement did not properly reflect the interests of the employees, particularly in relation to the classification of certain roles and the provisions regarding shift work and overtime.

The Fair Work Commission found that the agreement was a genuine enterprise agreement made in good faith and that the negotiation process was fair and appropriate. The commission considered the evidence provided by both parties and the submissions made during the hearing. It was satisfied that the agreement provided for the proper negotiation of terms and conditions of employment and met all the statutory requirements for approval. The commission approved the CHEP Oxley (QLD) Service Centre Enterprise Agreement 2024.

The final orders of the commission included the approval of the enterprise agreement, which will now govern the terms and conditions of employment for employees at the Oxley service centre. The union's objections were dismissed, and the agreement was deemed to be in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established