CHEP Australia Limited T/A CHEP Summary

[2021] FWCA 6906

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP

(AG2021/8502)

CHEP Carole park and rochedale (qld) Service Centres ENterprise Agreement 2021

Storage services
Commissioner Matheson	SYDNEY, 30 NOVEMBER 2021

Application for approval of the CHEP Carole Park and Rochedale (QLD) Service Centres Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the CHEP Carole Park and Rochedale (QLD) Service Centres Enterprise Agreement 2021 (Agreement). The application was made by CHEP Australia Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2021. The nominal expiry date of the Agreement is 30 May 2024.

COMMISSIONER

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CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP, sought approval for the CHEP Carole Park and Rochedale (QLD) Service Centres Enterprise Agreement 2021 in the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009, particularly in relation to minimum standards and the process for its approval.

The legal issues revolved around whether the agreement adequately addressed minimum entitlements and whether the necessary consultation and bargaining processes were properly conducted. The Commission had to determine if the agreement met the statutory requirements and if it was appropriately certified as a simple or low-complexity agreement.

In considering these matters, the Commission examined the proposed agreement's provisions and the processes undertaken to reach it. It found that the agreement contained all necessary minimum terms and conditions and was the product of genuine bargaining. The Commission was satisfied that the requisite consultation and negotiation processes had been followed correctly. As a result, it approved the agreement, recognising it as meeting the legislative criteria for a low-complexity agreement.

The Fair Work Commission granted approval for the CHEP Carole Park and Rochedale (QLD) Service Centres Enterprise Agreement 2021, certifying it as a low-complexity agreement. The decision confirmed that the agreement was compliant with the Fair Work Act and had been appropriately developed through the required bargaining processes.

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