DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia
(AG2020/422)

CHEP WAGGA WAGGA (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 MARCH 2020

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

[1] An application has been made for approval of an enterprise agreement known as the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 March 2020. The nominal expiry date of the Agreement is 13 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP Australia, applied to the Fair Work Commission for approval of the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2019. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement did not adversely affect employees' minimum rights and entitlements, and that it had been negotiated in good faith.

The central legal issues revolved around whether the agreement adhered to the provisions of the Fair Work Act, specifically sections 228 and 230, which outline the criteria for an enterprise agreement. This included examining if the agreement appropriately covered the employees' minimum rights and entitlements, and if it had been negotiated fairly and in good faith. The Commission also needed to consider if there was any non-compliance with the procedural requirements set out in the Act.

In its decision, the Fair Work Commission assessed the agreement against the statutory framework. The Commission found that the agreement was consistent with the Fair Work Act and did not adversely affect employees' minimum rights. The negotiation process was deemed to be in good faith, and the agreement met the procedural requirements of the Act. Consequently, the Commission approved the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2019, determining that it was fit for purpose and should be registered.

The Fair Work Commission's decision confirmed the registration of the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2019, with the approval effective from the date of the Commission's decision. This outcome ensures that the agreement is legally binding between the parties and provides a framework for the employment relationship moving forward.

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