CHEP Australia Limited T/A CHEP Australia

[2020] FWCA 3579

[2020] FWCA 3579

FAIR WORK COMMISSION

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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