CHEP Australia Limited T/A CHEP Australia

[2019] FWCA 8631

[2019] FWCA 8631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CHEP Australia Limited T/A CHEP Australia
(AG2019/4531)

CHEP MEEANDAH (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER BOOTH	BRISBANE, 20 DECEMBER 2019

Application for approval of the CHEP Meeandah (QLD) Service Centre Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by CHEP Australia Limited T/A CHEP Australia (the Applicant) for approval of the CHEP Meeandah (QLD) Service Centre Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 3 December 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided signed undertakings addressing the concerns raised, on 5 December 2019.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I observe the following clauses are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 23.8(b) – deductions;

•  Clause 24 – abandonment of employment;

•  Clause 30 – public holidays;

•  Clause 31.3(a) – personal/carer’s leave; and

•  Clause 31.5 – personal/carer’s leave – notice and evidence requirements.

[6] However, noting the NES precedence clause at clause 8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the undertakings provided and the matters raised at paragraphs [5] and [6], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The United Workers Union (UWU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the UWU.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 3 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 18 August 2023.

COMMISSIONER

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Attachment A