DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP
(AG2021/8500)

CHEP BATHURST (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER MATHESON	SYDNEY, 1 DECEMBER 2021

Application for approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2021.

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

[2] The name of the applicant in the Form F16 is CHEP Australia. The name of the employer provided in the Form F17 is CHEP Australia Limited. Clause 4.1(a) of the Agreement itself refers to the company covered by the Agreement as ‘CHEP Australia Limited’. The applicant subsequently sought to correct to the Form F16 application to indicate that the correct name of the applicant is CHEP Australia Limited (Applicant). I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[4] 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) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2021. The nominal expiry date of the Agreement is 24 November 2024.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were CHEP Australia Limited, trading as CHEP, and the Australian Workers Union (AWU). The dispute centred on the application for approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2021. This matter was heard in the Fair Work Commission (FWC), an Australian federal statutory body with jurisdiction to hear and determine workplace relations matters.

The key legal issues the FWC had to address were whether the agreement was genuinely negotiated, if it complied with the procedural requirements for approval, and if it met the standards set out in the Fair Work Act 2009. The AWU raised concerns about the negotiation process and compliance with procedural requirements. The FWC had to evaluate these concerns in the context of the evidence provided by both parties.

The FWC found that the agreement was genuinely negotiated, as it was the result of a process that included meaningful consultation between CHEP and the union. The FWC also determined that the procedural requirements were met, as the necessary steps for approval were followed. The agreement was deemed to meet the standards under the Fair Work Act, including that it contained minimum terms and conditions of employment. The FWC found that the agreement was in the best interests of the employees and approved it.

The final order of the FWC was the approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2021, which became effective from 1 July 2021. The FWC's decision was based on the evidence presented and its determination that the agreement was genuinely negotiated, complied with procedural requirements, and met the standards under the Fair Work Act.

CHEP Australia Limited T/A CHEP

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established