CHEP Australia Limited T/A CHEP Australia

[2023] FWCA 114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia

(AG2022/5481)

CHEP WAGGA WAGGA (NSW) SERVICE CENTRE

Enterprise Agreement 2022

Storage services
COMMISSIONER WILSON	MELBOURNE, 12 JANUARY 2023

Application for approval of the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 20122 (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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The initial copy of the Agreement filed contained a typographical error in Clause 1. I am satisfied that the amendment of this error is appropriate in accordance with s.586(a) of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2023. The nominal expiry date of the Agreement is 13 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, CHEP Australia Limited trading as CHEP Australia, sought approval of the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2022. The application was made under section 187 of the Fair Work Act 2009. The dispute arose due to disagreements between the employer and the employee representatives over the terms and conditions of employment as outlined in the proposed agreement. The decision was handed down by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the 'better off overall test' as prescribed by section 187(1)(a) of the Fair Work Act 2009. This required the Commission to determine if the employees would be better off overall under the proposed agreement compared to their current conditions of employment. The Commission also needed to consider whether the agreement complied with the other requirements of the Fair Work Act, such as the provisions relating to minimum standards and the protection of employee rights.

The Commission carefully examined the terms of the proposed agreement and the evidence presented by both parties. It considered the financial implications for employees, the impact on working conditions, and the overall fairness of the agreement. The Commission concluded that the proposed agreement satisfied the better off overall test and met the statutory requirements. The agreement was approved, ensuring that employees at the Wagga Wagga service centre would benefit from the terms set out in the enterprise agreement. The Commission's decision was based on a detailed analysis of the evidence and a careful application of the relevant statutory provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established