CHEP Australia Limited T/A CHEP

[2022] FWCA 3748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP

(AG2022/4196)

CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2022

Storage services
COMMISSIONER MIRABELLA	MELBOURNE, 26 OCTOBER 2022

Application for approval of the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2022.

CHEP Australia Limited trading as CHEP (CHEP) has made an application for approval of an enterprise agreement known as the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The United Workers' Union (UWU), 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.

The Agreement was approved on 26 October 2022 and, in accordance with s.54, will operate from 2 November 2022. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP, applied for approval of the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2022. The application was made before the Fair Work Commission, and the primary dispute centred on the terms and conditions of employment for employees within the Derrimut service centre. The main issues for determination were whether the proposed agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms and conditions for the employees, whether the agreement was appropriately certified by an accredited bargaining representative, and whether the agreement had been negotiated in good faith. The Commission needed to assess whether the agreement contained provisions that were consistent with the objectives of the Fair Work Act, particularly in relation to minimum entitlements and the protection of employees' rights. Additionally, the Commission examined whether the agreement adequately addressed the needs and interests of the workforce, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms.

After thorough examination, the Commission concluded that the agreement met the legislative requirements and was in the best interests of the employees. The agreement provided for fair and reasonable terms, and the negotiation process was deemed to be conducted in good faith. The Commission was satisfied that the agreement offered appropriate protections and benefits to the employees, and it complied with the statutory provisions of the Fair Work Act. Consequently, the application for approval of the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2022 was approved.

The Fair Work Commission approved the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2022. This decision is final and binding, and the agreement will now serve as the governing document for the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established