DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP
(AG2017/5779)

CHEP DANDENONG SOUTH (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 JANUARY 2018

Application for approval of the CHEP Dandenong South (VIC) Service Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Dandenong South (VIC) Service Centre Enterprise Agreement 2017 (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.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[5] The Agreement was approved on 23 January 2018 and, in accordance with s.54, will operate from 30 January 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP, sought approval of the CHEP Dandenong South (VIC) Service Centre Enterprise Agreement 2017. The application was made to the Fair Work Commission. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, specifically addressing whether the agreement contained terms that were fair and reasonable for the employees it covered.

The central legal issues were whether the terms of the proposed enterprise agreement complied with the requirements of section 230 of the Fair Work Act, which mandates that agreements be fair and reasonable for the employees they cover. This included assessing whether the agreement adequately covered the terms of employment, provided appropriate minimum rates of pay and conditions, and whether it allowed for a proper process for resolving disputes.

The Commission considered various aspects of the agreement, including the coverage of employees, the rates of pay, and the provisions for resolving disputes. The Commission found that the agreement met the necessary requirements for approval as it provided fair and reasonable terms for the employees. The agreement covered all relevant employees, provided minimum rates of pay that aligned with industry standards, and included a dispute resolution process that was accessible and fair.

As a result, the Fair Work Commission approved the CHEP Dandenong South (VIC) Service Centre Enterprise Agreement 2017. The decision confirmed that the agreement was fair and reasonable for the employees it covered and met all statutory requirements 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