CHEP Australia Limited T/A CHEP Australia Summary

[2023] FWCA 28

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia

(AG2022/5352)

CHEP ALTONA (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER JOHNS	MELBOURNE, 4 JANUARY 2023

Application for approval of the CHEP Altona (VIC) Service Centre Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the CHEP Altona (VIC) 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 11 January 2023. The nominal expiry date of the Agreement is 31 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP Australia, applied to the Fair Work Commission (FWC) for approval of the CHEP Altona (VIC) Service Centre Enterprise Agreement 2023. The application was brought under section 231 of the Fair Work Act 2009, seeking the FWC's determination that the proposed agreement met the requirements for registration. The application was opposed by the Australian Manufacturing Workers Union (AMWU). The primary dispute centred around whether the proposed agreement, which aimed to establish the terms and conditions of employment for CHEP's service centre employees in Altona, Victoria, was fair and met the legal standards for registration as a modern award under the Fair Work Act.

The court had to determine if the proposed agreement was a "contemporary" and "genuine" enterprise agreement, as required by the legislation. It needed to consider whether the agreement provided for the fair and efficient operation of the business while ensuring that it was not detrimental to the employees' interests. The court had to assess whether the agreement provided for the terms and conditions of employment in a manner that was fair and reasonable, taking into account the nature of the business and the interests of the employees. Furthermore, the court examined whether the agreement complied with the procedural requirements, including the provision of relevant information and the opportunity for consultation with employees.

The FWC found that the proposed agreement was fair and met the statutory criteria for registration. The commission concluded that the agreement was genuinely negotiated between the employer and the union and that it provided for efficient and fair employment terms. The FWC also found that the agreement did not disadvantage employees in any significant way and provided for a fair balance between the interests of the employer and the employees. The commission noted that the agreement included provisions for consultation, dispute resolution, and the protection of employee rights, which were all consistent with the principles of fairness and good faith bargaining. As a result, the FWC approved the CHEP Altona (VIC) Service Centre Enterprise Agreement 2023 for registration.

CHEP Australia Limited T/A CHEP Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established