DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia
(AG2020/2273)

CHEP PARKINSON (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER SIMPSON	BRISBANE, 7 SEPTEMBER 2020

Application for approval of the CHEP Parkinson (QLD) Service Centre Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Parkinson (QLD) Service Centre Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CHEP Australia Limited T/A CHEP Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The United Workers’ Union (UWU), 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) of the Act I note that the Agreement covers the UWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP Australia, sought approval of the CHEP Parkinson (QLD) Service Centre Enterprise Agreement 2020 from the Fair Work Commission. The application involved workers employed in the logistics and supply chain industry, specifically at CHEP's Parkinson, Queensland, service centre. The primary dispute centred on the terms and conditions set forth in the proposed agreement, particularly regarding pay rates, leave entitlements, and other employment-related matters.

The court was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement complied with the "better off overall test" (BOOT), ensuring that the employees were no worse off and at least some were better off financially. The court also examined whether the agreement had been made in good faith and whether it included essential terms as mandated by the Act. Furthermore, the court had to ensure that the agreement did not undermine the existing industrial instruments or the general principles of the industrial relations system.

The Fair Work Commission evaluated the application against these criteria and found that the CHEP Parkinson (QLD) Service Centre Enterprise Agreement 2020 met all the statutory requirements. The Commission confirmed that the agreement was made in good faith and satisfied the BOOT. It was determined that employees would not be worse off, and at least some would be better off under the terms of the new agreement. The Commission approved the agreement, emphasising that it provided a fair and balanced outcome for both the employer and the employees.

The final orders included the approval of the CHEP Parkinson (QLD) Service Centre Enterprise Agreement 2020, effective from the date of the Commission's decision. The agreement was to be registered and would govern the employment conditions of the workers at the specified location.

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