DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited
(AG2020/3815)

CHEP DANDENONG SOUTH (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JANUARY 2021

Application for approval of the CHEP Dandenong South (VIC) Service Centre Enterprise Agreement 2021.

[1] CHEP Australia Limited has made an application for approval of an enterprise agreement known as the CHEP Dandenong South (VIC) Service Centre Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 January 2021 and, in accordance with s 54, will operate from 12 January 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Limited recently faced an application for the approval of the CHEP Dandenong South (VIC) Service Centre Enterprise Agreement 2021 before the Fair Work Commission. The application involved the agreement's provisions and the parties' compliance with the Fair Work Act 2009. The Commission had to determine whether the agreement met the legal requirements for approval and whether it was made in good faith and without coercion, duress, or discrimination.

The primary legal issue before the Commission was whether the enterprise agreement contained provisions that were contrary to public policy or not genuinely intended to be binding. Additionally, the Commission examined whether the agreement was made in compliance with the statutory requirements of the Fair Work Act, including the need for genuine bargaining and the avoidance of unfair labour practices. The Commission also had to consider whether the agreement was in the best interests of the employees it was intended to cover.

After thorough examination, the Commission found that the enterprise agreement was made in good faith and without coercion, duress, or discrimination. The Commission determined that the agreement's provisions did not contravene public policy and were genuinely intended to be binding on the parties. The Commission also found that the agreement was made in compliance with the statutory requirements of the Fair Work Act. The Commission concluded that the agreement was in the best interests of the employees it was intended to cover and approved the application for the agreement's registration.

The Fair Work Commission approved the CHEP Dandenong South (VIC) Service Centre Enterprise Agreement 2021, finding that it met all legal requirements and was in the best interests of the employees it covered. The agreement is now registered and binding on the parties involved.

CHEP Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established