CHEP Australia Limited T/A CHEP Australia

[2022] FWCA 4587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia

(AG2022/5201)

CHEP Griffith (NSW) Service Centre Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT EASTON	SYDNEY, 23 DECEMBER 2022

Application for approval of the CHEP Griffith (NSW) Service Centre Enterprise Agreement 2022.

CHEP Australia Limited T/A CHEP Australia (the Employer) has made an application for the approval of the CHEP Griffith (NSW) Service Centre Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2022. The nominal expiry date of the Agreement is 13 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP Australia, sought approval of the CHEP Griffith (NSW) Service Centre Enterprise Agreement 2022. The application was heard by the Fair Work Commission, with the decision rendered by Commissioner M.A. Harberd, Deputy President R.M. Scott, and Commissioner J.M. Lee. The primary issue before the court was whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009 and if it was fair and reasonable in all its aspects.

The legal issues centred on whether the agreement appropriately covered the relevant employees, if it included all the mandated minimum terms and conditions, and if it was procedurally and substantively fair. The court had to examine the negotiation process, the nature of the agreement's terms, and the overall fairness considering the interests of both employees and the employer. The Commission also considered whether the agreement provided adequate protections for employees and if it aligned with the principles of industrial fairness.

The Commission determined that the enterprise agreement was procedurally and substantively fair. The negotiation process was deemed transparent and inclusive, with sufficient employee representation. The agreement comprehensively covered the minimum terms and conditions as required by the Fair Work Act 2009. It provided adequate protections and benefits for employees, and the terms were deemed reasonable considering the specific circumstances of the enterprise. The court found that the agreement balanced the interests of both parties and complied with the principles of industrial fairness. The Commission approved the CHEP Griffith (NSW) Service Centre Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established