CHEP Australia Limited T/A CHEP Australia

[2020] FWCA 5325

[2020] FWCA 5325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia
(AG2020/2582)

CHEP CANNING VALE, KEWDALE, KENWICK (WA) SERVICE CENTRE ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 OCTOBER 2020

Application for approval of the CHEP Canning Vale, Kewdale, Kenwick (WA) Service Centre Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Canning Vale, Kewdale, Kenwick (WA) Service Centre Enterprise Agreement 2020 (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 Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The voting details appear to not have been provided at least 7 clear days prior to the vote. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[5] The United Workers Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2020. The nominal expiry date of the Agreement is 17 January 2023.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

<AE509182 PR723327>