DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia
(AG2020/1298)

CHEP GRIFFITH (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER SIMPSON	BRISBANE, 4 JUNE 2020

Application for approval of the CHEP Griffith (NSW) Service Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Griffith (NSW) Service Centre Enterprise Agreement 2019 (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 (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 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 Griffith (NSW) Service Centre Enterprise Agreement 2019 from the Fair Work Commission. The dispute centred around the terms of the enterprise agreement, specifically whether it complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court was required to determine if the agreement met the necessary criteria for approval, including whether it was fairly negotiated, contained the required minimum terms and conditions, and adhered to the procedural requirements for lodgement and approval.

The key legal issues before the court were whether the agreement was properly negotiated, contained all the mandated minimum terms and conditions, and was appropriately lodged and approved in accordance with the statutory requirements. The court examined the negotiation process, the content of the agreement, and the procedural steps taken to seek approval. The court also considered submissions from both CHEP Australia and the Australian Manufacturing Workers' Union, who intervened in the proceedings, regarding the fairness and compliance of the agreement.

In its decision, the court found that the CHEP Griffith (NSW) Service Centre Enterprise Agreement 2019 was fairly negotiated and contained all the necessary minimum terms and conditions. The court also concluded that the procedural requirements for lodgement and approval had been correctly followed. As a result, the court approved the agreement, acknowledging its compliance with the Fair Work Act and Regulations. The approval was contingent upon the agreement being registered with the Australian Industrial Relations Commission.

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