CHEP Australia Limited T/A CHEP Australia

[2023] FWCA 2464

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

(AG2023/2324)

CHEP MEEANDAH (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER DURHAM	BRISBANE, 7 AUGUST 2023

Application for approval of the CHEP Meeandah (QLD) Service Centre Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the CHEP Meeandah (QLD) Service Centre Enterprise Agreement 2023 (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 are relevant to this application for approval have been met.

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 18 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Limited T/A CHEP Australia applied for approval of the CHEP Meeandah (QLD) Service Centre Enterprise Agreement 2023 before the Fair Work Commission. The application came before the Commission for determination. The nature of the dispute involved the terms and conditions of employment for workers within the Meeandah Service Centre in Queensland, as outlined in the proposed agreement. The primary issue was whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a minimum rate of pay and other terms and conditions of employment that met or exceeded the relevant awards and the national minimum standards. Additionally, the Commission needed to ensure that the agreement had been made in good faith and that it was free from any improper influence or coercion. The Commission also considered whether the agreement was likely to achieve a productive workplace relationship between CHEP Australia and the employees.

The Fair Work Commission found that the CHEP Meeandah (QLD) Service Centre Enterprise Agreement 2023 met the necessary legal requirements for approval. The Commission noted that the agreement provided for terms and conditions that were not less favourable than the relevant awards and national minimum standards. The Commission was satisfied that the agreement was made in good faith and was free from any improper influence or coercion. The Commission concluded that the proposed agreement would likely achieve a productive workplace relationship and approved the application for registration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established