CHEP Australia Limited T/A CHEP Australia

[2022] FWCA 4347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia

(AG2022/4960)

CHEP Townsville (QLD) Service Centre Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT DOBSON	BRISBANE, 9 DECEMBER 2022

Application for approval of the CHEP Townsville (QLD) Service Centre Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the CHEP Townsville (QLD) Service Centre Enterprise Agreement 2022 (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 (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Limited T/A CHEP Australia applied to the Fair Work Commission for approval of the CHEP Townsville (QLD) Service Centre Enterprise Agreement 2022. The application was made under section 234 of the Fair Work Act 2009, seeking the agreement be registered as a low-paid stream enterprise agreement. The primary issue before the Commission was whether the application met the criteria for approval as a low-paid stream agreement. This required an assessment of the agreement's provisions against legislative requirements, including whether it met the low-paid threshold, provided for appropriate minimum rates of pay, and included necessary dispute resolution mechanisms.

The Commission examined the terms of the agreement and the evidence provided by CHEP Australia. It found that the agreement contained provisions for appropriate minimum rates of pay and included provisions for dispute resolution. The Commission also considered the low-paid threshold and determined that the average earnings of employees covered by the agreement fell below this threshold. Based on this analysis, the Commission concluded that the application met the criteria for approval. The agreement was approved and registered as a low-paid stream enterprise agreement.

In summary, the Fair Work Commission approved the CHEP Townsville (QLD) Service Centre Enterprise Agreement 2022 as a low-paid stream enterprise agreement. The Commission found that the agreement met the legislative requirements for approval, including the low-paid threshold, minimum rates of pay, and dispute resolution mechanisms. The agreement was registered, and the application was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established