CHEP Australia Limited T/A CHEP Summary

[2022] FWCA 391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP
(AG2021/9314)

CHEP KEMPS CREEK (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 FEBRUARY 2022

Application for approval of the CHEP Kemps Creek (NSW) Service Centre Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the CHEP Kemps Creek (NSW) Service Centre Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

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

[5] Subject to the Undertakings, 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.

[6] The United Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union, each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that each organisation wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2022. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP, applied to the Fair Work Commission for approval of the CHEP Kemps Creek (NSW) Service Centre Enterprise Agreement 2021. The application was brought following a process of enterprise bargaining, which had led to the proposed agreement. The Fair Work Commission was required to determine whether the agreement should be certified as a lawful agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to consider whether the agreement had been made in good faith, whether it contained the necessary minimum entitlements, and whether it adhered to any relevant industrial instruments. Additionally, the Commission had to examine whether the agreement provided for the resolution of any future disputes between the parties.

In its decision, the Fair Work Commission examined the evidence and submissions provided by the parties. The Commission found that the agreement had been made in good faith and contained all the necessary minimum entitlements. Furthermore, the Commission determined that the agreement was consistent with relevant industrial instruments and provided adequate mechanisms for the resolution of future disputes. Consequently, the Fair Work Commission approved the proposed agreement, certifying it as a lawful agreement under the Fair Work Act.

The Fair Work Commission's final orders were that the CHEP Kemps Creek (NSW) Service Centre Enterprise Agreement 2021 be approved and certified as a lawful agreement. This decision ensures that the agreement is binding on the parties and provides a framework for the resolution of any future disputes.

CHEP Australia Limited T/A CHEP

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established