DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia
(AG2019/3689)

CHEP NSW METROPOLITAN (LIDCOMBE, FLEMINGTON AND ROSEHILL) SERVICE CENTRES ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER JOHNS	SYDNEY, 9 OCTOBER 2019

Application for approval of the CHEP NSW Metropolitan (Lidcombe, Flemington and Rosehill) Service Centres Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CHEP NSW Metropolitan (Lidcombe, Flemington and Rosehill) Service Centres 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.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2019. The nominal expiry date of the Agreement is 28 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CHEP Australia Limited, trading as CHEP Australia, applied to the Fair Work Commission for the approval of the CHEP NSW Metropolitan (Lidcombe, Flemington and Rosehill) Service Centres Enterprise Agreement 2019. The application arose as the enterprise agreement in question was yet to be approved by the Commission, which is a necessary step under the Fair Work Act 2009 (Cth). The dispute involved the terms and conditions of employment for employees working at the specified service centres, and the need for these terms to be fairly and effectively bargained for and agreed upon by both parties. The Commission was required to determine whether the enterprise agreement met the criteria for approval, including whether it facilitated the improved productivity of the workplace and the terms and conditions were fair and beneficial for the employees.

The primary legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval under section 230 of the Fair Work Act 2009 (Cth). This involved assessing whether the agreement provided for a direct or indirect safety net of terms and conditions of employment, facilitated improved productivity in the workplace, and was fairly and effectively negotiated. The Commission had to examine the bargaining process, the terms of the agreement, and whether they met the standards set by the Act. The Commission also needed to determine if the agreement provided adequate protections and benefits for the employees, and if it was likely to achieve a fair and efficient outcome for both the employer and the employees.

The Commission found that the enterprise agreement met the criteria for approval. It concluded that the agreement had been fairly and effectively negotiated, and it provided for a direct safety net of terms and conditions of employment. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and other benefits that were at least equal to or better than the applicable award or registered agreement. The Commission also found that the agreement facilitated improved productivity by including provisions for flexible working arrangements and performance management processes. The Commission was satisfied that the agreement met the statutory requirements for approval and was likely to achieve a fair and efficient outcome for both parties.

The Fair Work Commission approved the CHEP NSW Metropolitan (Lidcombe, Flemington and Rosehill) Service Centres Enterprise Agreement 2019. The approval was made under section 186 of the Fair Work Act 2009 (Cth), and the agreement was registered with the Commission. The approval is effective from the date of registration and will apply to the employees covered by the agreement. The decision confirms the importance of ensuring that enterprise agreements meet the statutory requirements for approval and are negotiated fairly and effectively. The outcome provides certainty for both the employer and the employees and is likely to contribute to improved productivity and better workplace outcomes.

CHEP Australia Limited T/A CHEP Australia

DECISION

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