CHEP Australia Limited T/A CHEP Australia

[2023] FWCA 29

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia

(AG2022/5348)

CHEP NSW METROPOLITAN (LIDCOMBE, FLEMINGTON AND EASTERN CREEK) SERVICE CENTRES ENTERPRISE AGREEMENT 2022

Storage services
COMMISSIONER JOHNS	MELBOURNE, 4 JANUARY 2023

Application for approval of the CHEP NSW Metropolitan (Lidcombe, Flemington and Eastern Creek) Service Centres Enterprise Agreement2022

An application has been made for approval of an enterprise agreement known as the CHEP NSW Metropolitan (Lidcombe, Flemington and Eastern Creek) Service Centres Enterprise Agreement2022 (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 11 January 2023. The nominal expiry date of the Agreement is 28 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP Australia, has applied to the Fair Work Commission for the approval of the CHEP NSW Metropolitan (Lidcombe, Flemington and Eastern Creek) Service Centres Enterprise Agreement 2022. The agreement in question was made between CHEP Australia and the Transport Workers Union of Australia, acting on behalf of several employees. The dispute centred on whether the proposed terms and conditions of employment, as outlined in the agreement, were fair and reasonable under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, a tribunal established under the Fair Work Act to adjudicate on workplace relations matters.

The central legal issues that the Fair Work Commission had to resolve included whether the enterprise agreement provided for fair and reasonable terms and conditions for the employees, and whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions in relation to wages and other remuneration, working hours and conditions, and other terms and conditions of employment. Additionally, the Commission examined whether the agreement was free from any provisions that might be considered to be contrary to public policy.

After thorough consideration of the submissions from both parties, the Fair Work Commission found that the proposed enterprise agreement met the statutory criteria for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for wages and other remuneration, working hours, and other employment terms. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy. Consequently, the Fair Work Commission approved the CHEP NSW Metropolitan (Lidcombe, Flemington and Eastern Creek) Service Centres Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established