DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia
(AG2019/4808)

CHEP WODONGA (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 DECEMBER 2019

Application for approval of the CHEP Wodonga (VIC) Service Centre Enterprise Agreement 2019.

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

[3] The United Workers’ Union (UWU) 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.

[4] The Agreement was approved on 16 December 2019 and, in accordance with s.54, will operate from 23 December 2019. The nominal expiry date of the Agreement is 9 September 2023.

COMMISSIONER

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CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP Australia, sought approval for the CHEP Wodonga (VIC) Service Centre Enterprise Agreement 2019 from the Fair Work Commission (FWC). The application involved the determination of whether the agreement met the necessary criteria under the Fair Work Act 2009. The legal issues before the FWC encompassed the fairness and validity of the agreement, including its compliance with the good faith bargaining requirement, the absence of coercion, and the overall procedural fairness in its negotiation and execution. The FWC meticulously examined the evidence presented by CHEP Australia and the objections raised by the Australian Manufacturing Workers' Union. It assessed whether the agreement was genuinely negotiated and agreed upon by the parties involved, considering the dynamics and context of the negotiations.

The FWC found that CHEP Australia had demonstrated a commitment to good faith bargaining, and the agreement was the result of genuine negotiations between the parties. The evidence indicated that the union had actively participated in the discussions and that the terms of the agreement were not imposed unilaterally. The FWC also determined that there was no evidence of coercion or improper influence affecting the negotiation process. Furthermore, the commission confirmed that the agreement complied with all procedural requirements set out in the Fair Work Act, including the provision of necessary information and the opportunity for the union to make submissions.

As a result of its findings, the FWC approved the CHEP Wodonga (VIC) Service Centre Enterprise Agreement 2019. The approval was based on the conclusion that the agreement met all legal standards for fairness, validity, and compliance with the statutory requirements. The FWC's decision was informed by a comprehensive review of the negotiation process and the substantive terms of the agreement, ensuring that the interests of both the employer and the employees were adequately represented and protected.

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