DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia
(AG2019/1470)

CHEP BATHURST (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MAY 2019

Application for approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2018 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 24 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP Australia, applied for approval of the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2018. The Fair Work Commission heard the application and was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement contained all the mandatory terms required by the Act and whether it was made in good faith and without coercion.

The Commission found that the agreement was procedurally valid and contained all the mandatory terms required by the Act. The agreement provided for minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. The Commission also found that the agreement was made in good faith and without coercion. The Commission noted that the agreement was the result of negotiations between CHEP Australia and the relevant union, and that there was no evidence of any undue influence or pressure exerted on either party during the negotiation process.

Following its assessment of the agreement, the Commission approved the CHEP Bathurst (NSW) Service Centre Enterprise Agreement 2018. The Commission was satisfied that the agreement met all the legal requirements for approval and that it provided a fair and reasonable outcome for both parties. The approval of the agreement ensures that employees at the Bathurst Service Centre will continue to be covered by a legally binding enterprise agreement that sets out their rights and obligations.

No further orders were made by the Commission. The approval of the agreement brings certainty to the employment relationship between CHEP Australia and its employees at the Bathurst Service Centre. It provides a framework for the operation of the service centre and ensures that employees are protected by a fair and reasonable enterprise agreement.

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