DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Ltd
(AG2016/7974)

CHEP WAGGA WAGGA (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 23 AUGUST 2017

Application for approval of the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2016 (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 Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2017. The nominal expiry date of the Agreement is 13 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

CHEP Australia Ltd was the applicant in a matter before the Fair Work Commission, seeking approval of the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2016. The dispute centred around the terms and conditions of employment for employees at the Wagga Wagga service centre, specifically regarding the approval of the enterprise agreement which would govern their working conditions. The case was brought to the Fair Work Commission, an Australian federal statutory body with jurisdiction to resolve workplace disputes and make decisions about enterprise agreements.

The primary legal issue the Commission needed to address was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included ensuring that the agreement did not disadvantage employees, was made in good faith, and was properly certified by the relevant authorities. Additionally, the Commission had to consider whether the process leading to the agreement's formation was fair and whether the agreement provided for appropriate minimum entitlements for employees.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and reviewed the provisions of the Fair Work Act. The Commission determined that the enterprise agreement was compliant with the statutory requirements, noting that it did not unfavorably distinguish any class of employee and was made in good faith. The Commission also found that the certification process was conducted appropriately, and the agreement provided for all necessary minimum entitlements. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as per the stipulated commencement date.

The final orders included the approval of the CHEP Wagga Wagga (NSW) Service Centre Enterprise Agreement 2016, effective from the date specified in the agreement. The Commission's decision provided clarity and legal certainty regarding the terms of employment for the employees at the Wagga Wagga service centre, ensuring that the enterprise agreement would govern their working conditions in accordance with the Fair Work Act.

CHEP Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established