DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia
(AG2020/1753)

CHEP VIC AND NSW (NORTH MELBOURNE AND WETHERILL PARK) SERVICE CENTRE ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 8 JULY 2020

Application for approval of the CHEP VIC and NSW (North Melbourne and Wetherill Park) Service Centre Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CHEP VIC and NSW (North Melbourne and Wetherill Park) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy 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, will operate from 15 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP Australia, applied to the Fair Work Commission for approval of the CHEP VIC and NSW (North Melbourne and Wetherill Park) Service Centre Enterprise Agreement 2020. The Fair Work Commission considered the application in accordance with the provisions of the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the criteria for registration and approval under the Act. Specifically, the Commission had to determine whether the agreement provided for a fair and efficient workplace and was free from provisions that might be detrimental to the employees or employers.

The legal issues before the Commission included whether the agreement contained any provisions that were contrary to the public interest or that failed to meet the standards of procedural fairness. The Commission also had to consider whether the agreement provided for a fair and efficient workplace, as required by the Fair Work Act. Additionally, the Commission examined whether the agreement had been negotiated in good faith and whether it provided for a fair and efficient workplace, including whether it adequately addressed the rights and obligations of both employees and employers.

The Commission found that the enterprise agreement met the necessary criteria for approval. It determined that the agreement provided for a fair and efficient workplace and was free from any provisions that might be detrimental to the employees or employers. The Commission also concluded that the agreement had been negotiated in good faith and that it provided for a fair and efficient workplace. The Commission approved the agreement, finding that it met the standards of procedural fairness and was in compliance with the requirements of the Fair Work Act.

The Fair Work Commission approved the CHEP VIC and NSW (North Melbourne and Wetherill Park) Service Centre Enterprise Agreement 2020, finding it to be fair and efficient, and in compliance with the Fair Work Act. The Commission determined that the agreement provided for a fair and efficient workplace and was free from any provisions that might be detrimental to the employees or employers. The Commission's decision was based on a thorough examination of the agreement and its provisions, and it was satisfied that the agreement met the necessary criteria for approval.

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