CHEP Australia Limited T/A CHEP

[2018] FWCA 7534

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP

(AG2018/3502)

CHEP Gillman (SA) Service Centre Enterprise Agreement 2018

Storage services
Deputy President Colman	MELBOURNE, 12 DECEMBER 2018

Application for approval of the CHEP Gillman (SA) Service Centre Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the CHEP Gillman (SA) Service Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CHEP Australia Limited T/A CHEP. The agreement is a single enterprise agreement.

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

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

The National Union of Workers 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 12 December 2018 and, in accordance with s.54, will operate from 19th December 2018. The nominal expiry date of the Agreement is 31st May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP, sought approval for the CHEP Gillman (SA) Service Centre Enterprise Agreement 2018. The Fair Work Commission was asked to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The primary issue was whether the agreement met the necessary criteria for fair and reasonable terms and conditions of employment.

The Commission considered the application and the evidence presented by both CHEP and the Australian Manufacturing Workers’ Union. The focus was on whether the agreement provided for a fair and reasonable enterprise-wide classification system, and if it adequately covered key terms such as wages, hours of work, and other conditions of employment. The Commission also assessed whether the agreement had been negotiated in good faith and whether it complied with the legal requirements set out in the Fair Work Act.

After examining the agreement and the submissions made by both parties, the Commission determined that the CHEP Gillman (SA) Service Centre Enterprise Agreement 2018 was fair and reasonable. The agreement was found to provide for a comprehensive classification system and to cover all necessary terms and conditions of employment. The Commission concluded that the agreement had been negotiated in good faith and was compliant with the Fair Work Act. Therefore, the application for approval was granted.

The Commission issued an approval certificate for the CHEP Gillman (SA) Service Centre Enterprise Agreement 2018, effective from the date of the decision. This certificate confirms that the agreement is legally binding and enforceable under the Fair Work Act. The agreement now serves as the basis for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established