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

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP Australia, sought approval for the CHEP Canning Vale, Kewdale, Kenwick (WA) Service Centre Enterprise Agreement 2020 from the Fair Work Commission. The application was contested by the Transport Workers Union of Australia, who argued that the agreement did not meet certain statutory requirements. The central dispute revolved around the procedural fairness and compliance of the agreement with the Fair Work Act 2009.

The key legal issues before the court were whether the enterprise agreement was genuinely negotiated and whether the process adhered to the requirements set out in the Fair Work Act. Additionally, the court had to determine if the agreement contained appropriate dispute resolution mechanisms and if it was in the best interests of the employees.

In reaching its decision, the court examined the evidence provided by both parties regarding the negotiation process. The court found that the agreement was genuinely negotiated and that the process complied with the statutory requirements. The agreement was deemed to be in the best interests of the employees, as it provided fair and reasonable terms. The court also determined that the dispute resolution mechanisms were appropriate and that the agreement met all the necessary criteria for approval.

As a result, the Fair Work Commission approved the CHEP Canning Vale, Kewdale, Kenwick (WA) Service Centre Enterprise Agreement 2020, confirming its compliance with the Fair Work Act and the interests of the employees. The Transport Workers Union of Australia's objections were dismissed, and the agreement was thereby formally recognised as a valid enterprise agreement.

CHEP Australia Limited T/A CHEP Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established