Chep Australia Limited t/a Chep Australia

[2024] FWCA 3612

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

(AG2024/3372)

CHEP REDBANK (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 16 OCTOBER 2024

Application for approval of the CHEP Redbank (QLD) Service Centre Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the CHEP Redbank (QLD) Service Centre Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 8.1 of the Agreement provides that this Agreement shall be read and interpreted in conjunction with the National Employment Standards (NES) provided that where there is any inconsistency between this Agreement and the NES, the more beneficial provision to an employee shall apply. This addresses any potential inconsistency between the NES and the terms of the Agreement including clauses 15.6 and 23.9(c).

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 10 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Chep Australia Limited, trading as Chep Australia, recently sought approval for the CHEP Redbank (QLD) Service Centre Enterprise Agreement 2024. The application was heard in the Fair Work Commission. The agreement sought to be approved involves the terms and conditions of employment for employees at the Redbank Service Centre in Queensland. The primary legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding the process by which the agreement was made and its compliance with minimum workplace standards.

The Commission examined the procedural fairness of the agreement, considering whether the employees had genuine opportunities to discuss the proposed agreement and whether their views had been adequately considered. Additionally, the Commission assessed whether the agreement provided for terms and conditions that were no less favourable than the applicable national workplace determination. The Commission reviewed the evidence provided by both Chep Australia and the union representatives to determine whether the agreement was made in good faith and whether it adhered to the statutory minimum standards set out in the Fair Work Act.

After thorough deliberation, the Commission found that the agreement was procedurally sound and met all the statutory requirements. The Commission was satisfied that the agreement was made in good faith and provided for terms and conditions that were no less favourable than the applicable minimum standards. The Commission approved the CHEP Redbank (QLD) Service Centre Enterprise Agreement 2024, ensuring that it would now govern the employment conditions of the relevant employees. This decision provides clarity and legal certainty for both the employer and the employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established