CHEP Australia Limited Trading AS CHEP
[2025] FWCA 905
•13 MARCH 2025
| [2025] FWCA 905 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
CHEP Australia Limited Trading AS CHEP
(AG2025/376)
CHEP ROCHEDALE (QLD) SERVICE CENTRE ENTERPRISE AGREEMENT 2024
| Storage services | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 13 MARCH 2025 |
Application for approval of the CHEP Rochedale (QLD) Service Centre Enterprise Agreement 2024
This decision deals with an application made for approval of an enterprise agreement known as the CHEP Rochedale (QLD) Service Centre Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CHEP Australia (the Applicant). The Agreement is a single-enterprise agreement.
The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
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 UWU raised concerns regarding the Better Off Overall Test (BOOT). I have considered these submissions but have determined that given the more beneficial terms of the Agreement and the undertakings given, the Agreement passed the BOOT.
The Agreement is approved and will operate in accordance with s.54 of the Act, from 20 March 2025. The nominal expiry date of the Agreement is 30 May 2026.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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