CHEP Australia Limited T/A CHEP Australia

[2022] FWCA 4234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia

(AG2022/4900)

CHEP Cairns (QLD) Service Centre Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT DOBSON	BRISBANE, 1 DECEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the CHEP Cairns (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 Pty Ltd (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.

Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 December 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 Cairns (QLD) Service Centre Enterprise Agreement 2022 from the Fair Work Commission. The dispute arose from negotiations between CHEP Australia and its employees, who were represented by the Transport Workers Union of Australia. The parties engaged in conciliation and mediation, but were unable to reach a resolution, prompting CHEP Australia to seek formal approval of the proposed agreement.

The primary legal issue before the Fair Work Commission was whether the terms of the enterprise agreement were in compliance with the requirements of the Fair Work Act 2009. This involved scrutinising the agreement to ensure it met the necessary criteria, including fairness and reasonableness. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including pay rates, leave entitlements, and other employment conditions. Additionally, the Commission needed to assess whether the agreement had been genuinely negotiated and whether it contained appropriate dispute resolution provisions.

The Fair Work Commission examined the terms of the proposed agreement in detail, considering the submissions from both parties and relevant industrial and economic factors. The Commission determined that the agreement contained terms and conditions that were fair and reasonable, taking into account the overall context of the industry and the specific circumstances of the Cairns service centre. The Commission found that the agreement had been genuinely negotiated and included appropriate dispute resolution mechanisms. Consequently, the Fair Work Commission approved the CHEP Cairns (QLD) Service Centre Enterprise Agreement 2022.

In light of its findings, the Fair Work Commission made an order approving the proposed enterprise agreement, effective from the date of the decision. The agreement now serves as the binding employment terms and conditions for the employees covered by the agreement, subject to the protections and obligations under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established