CHEP Australia Limited T/A CHEP Australia

[2025] FWCA 3236

The attached document replaces the document previously issued with the above code on 24 September 2025.

The word “the” has been removed from the Agreement title.

Tom Thistlewaite
Associate to Deputy President Millhouse

Dated 30 September 2025

[2025] FWCA 3236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia

(AG2025/3058)

CHEP NORTH MELBOURNE (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2025

Storage services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 SEPTEMBER 2025

Application for approval of the CHEP North Melbourne (VIC) Service Centre Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the CHEP North Melbourne (VIC) Service Centre Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by CHEP Australia Limited T/A CHEP Australia (Employer). The Agreement is a single enterprise agreement.

Noting the Employer’s submissions, to the extent that the Notice of Employee Representational Rights (NERR) issued by the Employer was not in its prescribed form as required by s 174(1A) of the Act, I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, supports the approval of the Agreement and 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 1 October 2025. The nominal expiry date of the Agreement is 1 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP Australia, applied to the Fair Work Commission for approval of the CHEP North Melbourne (VIC) Service Centre Enterprise Agreement 2025. The dispute arose from the negotiations between CHEP Australia and the trade union representing employees at the North Melbourne Service Centre. The union argued that certain provisions of the proposed agreement did not comply with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Act.

The central legal issues before the Commission involved the interpretation and application of specific sections of the Fair Work Act, particularly those related to the fairness and compliance of the enterprise agreement. The union raised concerns about the procedural fairness of the agreement, the adequacy of the consultation process, and whether the agreement provided for appropriate minimum terms and conditions of employment. The Commission had to assess whether the agreement complied with the statutory criteria for approval, including the requirement for the agreement to provide for the fair and reasonable terms and conditions of employment.

After considering the submissions from both parties and reviewing the evidence presented, the Commission found that the agreement largely met the statutory requirements for approval. The Commission determined that the procedural fairness of the agreement was adequate, and the consultation process was sufficient. The Commission also found that the agreement provided for appropriate minimum terms and conditions of employment, and it did not contain any provisions that would be unfair within the meaning of the Act. Consequently, the Commission approved the CHEP North Melbourne (VIC) Service Centre Enterprise Agreement 2025.

The Fair Work Commission approved the CHEP North Melbourne (VIC) Service Centre Enterprise Agreement 2025, finding that it complied with the statutory criteria for approval under the Fair Work Act 2009. The Commission's decision was based on its assessment of the procedural fairness of the agreement, the adequacy of the consultation process, and the appropriateness of the minimum terms and conditions of employment. The union's concerns were addressed, and the Commission determined that the agreement was fair and reasonable. The approval of the agreement signifies that it will now govern the employment terms and conditions for the employees at the North Melbourne Service Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established