CHEP Australia Limited T/A CHEP Australia

[2023] FWCA 576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia

(AG2023/334)

CHEP Kenwick (WA) Service Centre Enterprise Agreement 2023

Storage services
COMMISSIONER JOHNS	MELBOURNE, 22 FEBRUARY 2023

Application for approval of the CHEP Kenwick (WA) Service Centre Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the CHEP Kenwick (WA) 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 Agreement is a single enterprise agreement.

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 United Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2023. The nominal expiry date of the Agreement is 17 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CHEP Australia Limited, trading as CHEP Australia, applied to the Fair Work Commission for the approval of the CHEP Kenwick (WA) Service Centre Enterprise Agreement 2023. The agreement, if approved, would apply to the employees of CHEP Australia's Kenwick Service Centre in Western Australia. The Fair Work Commission considered the application, taking into account the provisions of the Fair Work Act 2009 and other relevant legislation.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act and if the process by which the agreement was negotiated and made was fair. The Commission needed to determine if the agreement contained the prescribed minimum terms and conditions, if it was made in good faith, and whether it complied with the procedural requirements set out in the Act.

The Commission found that the proposed agreement contained the minimum terms and conditions as stipulated by the Fair Work Act. It was also satisfied that the agreement was made in good faith, with proper negotiation processes undertaken. The evidence presented indicated that employees were given a reasonable opportunity to participate in the negotiation process, and the agreement reflected the outcomes of these discussions. Therefore, the Commission approved the CHEP Kenwick (WA) Service Centre Enterprise Agreement 2023, considering it met all the necessary criteria for approval.

In summary, the Fair Work Commission approved the proposed enterprise agreement between CHEP Australia Limited and the employees of its Kenwick Service Centre. This decision was based on the agreement meeting all statutory requirements and being made in good faith through fair negotiation processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established